Judge: Andrew E. Cooper, Case: 23CHCV00684, Date: 2023-10-25 Tentative Ruling

Case Number: 23CHCV00684    Hearing Date: October 25, 2023    Dept: F51

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED

(Requests for Admission, Set One)

Motion Filed: 7/25/23

MOVING PARTY: Plaintiff American Express National Bank; American Express National Bank fka American Express Centurion Bank (“Plaintiff”)

RESPONDING PARTY: Defendant Argentina Vasquez, in pro per (“Defendant”)

NOTICE: OK

RELIEF REQUESTED: An order deeming each of Plaintiff’s Requests for Admission (“RFAs”), Set One, propounded on Defendant, be admitted. Plaintiff further requests that the Court order monetary sanctions against Defendant in the amount of $360.00.

TENTATIVE RULING: The unopposed motion is granted. The Court deems each of Plaintiff’s RFAs, Set One as admitted. The Court imposes sanctions against Defendant in the amount of $360.00. 

Defendant is reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When e-filing documents, parties must comply with the “TECHNICAL REQUIREMENTS” which are set forth at page 4, line 4 through page 5, line 12 of the Court’s 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil (particularly bookmarking declarations and exhibits). (CRC 3.1110(f)(4).) Failure to comply with these requirements in the future may result in papers being rejected, matters being placed off calendar, matters being continued so documents can be resubmitted in compliance with these requirements, documents not being considered and/or the imposition of sanctions.

BACKGROUND

This is a collections action in which Plaintiff alleges that Defendant failed to pay a debt for monies owed relating to charges and/or cash advances in the amount of $55,528.32. (Pl.’s Mot. 4:1–2.)  On 3/9/23, Plaintiff filed its complaint, alleging against Defendant three causes of action for Common Counts. On 4/20/23, Defendant filed her answer.

On 5/31/23, Plaintiff served Defendant with its RFAs, Set One by mail. (Decl. of Kambrie L. Keith ¶ 2.) On 7/25/23, Plaintiff filed the instant motion to deem its RFAs as admitted. No opposition has been filed to date.

ANALYSIS

Legal Standard

A responding party must respond to each propounded request for admission with either a substantive answer or an objection to the particular request. (Code Civ. Proc. § 2033.210.) 

A propounding party may move for an order deeming the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted if the responding party fails to serve a timely response within 30 days. (Code Civ. Proc. §§ 2033.280, subd. (b); 2033.250, subd. (a).) Furthermore, the responding party who fails to serve a timely response “waives any objection to the requests, including one based on privilege or on the protection for work product” unless the Court grants it relief upon motion. (Code Civ. Proc. § 2033.280, subd. (a).) “The court shall make this order, unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220.” (Id. at subd. (c).)

Here, as Plaintiff served its RFAs on Defendant by mail on 5/31/23, the last day for Defendant to serve her responses was 7/5/23. (Code Civ. Proc. §§ 2030.260, subd. (a), 1013, subd. (a).) Defendant has not served any responses to date, nor has she filed any opposition to the instant motion. (Keith Decl. ¶ 3.) As Defendant failed to timely serve any response to Plaintiff’s RFAs, Defendant has consequently waived any objections thereto. (Code Civ. Proc. § 2033.280, subd. (a).) Based on the foregoing, the Court grants Plaintiff’s unopposed motion to deem its RFAs, Set One to Defendant as admitted.

Sanctions 

“It is mandatory that the court impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.” (Code Civ. Proc. § 2033.280, subd. (c).) Additionally, “the court may impose a monetary sanction ordering that one engaging in the misuse of the discovery process, or any attorney advising that conduct, or both pay the reasonable expenses, including attorney’s fees, incurred by anyone as a result of that conduct.” (Code Civ. Proc. § 2023.030, subd. (a).)

Here, Plaintiff requests monetary sanctions in the total amount of $360.00 to be imposed on Defendant. This amount includes: (1) 1 hour of Plaintiff’s attorney’s time spent working on this motion, at her hourly billing rate of $300.00 per hour; and (2) a $60.00 filing fee. (Keith Decl. ¶ 4.) In granting the instant motion, the Court finds it reasonable to award Plaintiff sanctions against Defendant in the amount of $360.00.

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CONCLUSION 

The unopposed motion is granted. The Court deems each of Plaintiff’s RFAs, Set One as admitted. The Court imposes sanctions against Defendant in the amount of $360.00.