Belen Ibanez vs Javier Ibanez et al
Motion to Deem Requests for Admissions, Set One, Admitted and Monetary Sanctions
Motion type
Monetary amounts referenced
Parties
Ruling
SUPERIOR COURT, STATE OF CALIFORNIA COUNTY OF SANTA CLARA Department 12 (Hon. Nahal Iravani-Sani) Hon. Jose S. Franco, Presiding Courtroom Clerk, Ryan Nguyen 191 North First Street, San Jose, CA 95113 Telephone: (408) 882-2230
DATE: 7/10/2026 TIME: 9:00 A.M. and 9:01 A.M.
LINE 3 24CV428712 Belen Ibanez vs Javier Hearing on Motion to Deem Requests for Admissions, Set One, Ibanez et al Admitted and Monetary Sanctions
Defendant filed this motion on March 2, 2026 relative to the initial Request for Admissions, Set One served on Plaintiff on October 7, 2025 and due on November 10, 2025, and was followed by an extension of the due date to November 24, 2025 and when no response was provided a meet and confer letter on December 10, 2025 requesting verified responses without objection.
Plaintiff’s opposition was filed on June 9, 2026, indicating that a response to the Request for Admissions, Set One was served on April 20, 2026 and arguing that the motion is moot.
Defendant filed a Reply on July 1, 2026 acknowledging the belated compliance and arguing a disregard and misuse of the discovery process that necessitated the filing of this motion.
The Court has carefully reviewed the moving papers, including the declarations of counsel and attachments in all three filings related to this motion, and has taken note of the procedural history as noted in the filings by both parties.
Defendant’s motion for Request for Admissions, Set One is DENIED as moot.
No evidence being presented by Plaintiff of a substantial justification or circumstances making the imposition of the sanctions unjust (for a 90-day delay) and necessitating the filing of this motion by Defendant, the Request for Sanctions pursuant to Code of Civil Procedure sections 2023.280 and 2023.030 is GRANTED.
The Court orders Sanctions in the amount of $595 (the filing fee of $60, one hour of paralegal work at a rate of $175/hour, and $360 for.6 hours of work at the attorney rate of $600/hour) to be paid within 20 days of the filing of this order.
Moving party (Defendant) to prepare the order.
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