Judge: Anne Hwang, Case: 19STCV40369, Date: 2023-10-31 Tentative Ruling

Case Number: 19STCV40369    Hearing Date: November 3, 2023    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely.  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

BACKGROUND

            Defendant/Cross-Complainant Ben Behzadi (Behzadi), moves to deem admitted Requests for Admissions, Set One against Cross-Defendant Jonathan Pae’s (Pae). On November 1, 2023, Counsel David Browne filed a declaration regarding the motion.

LEGAL STANDARD

Where there has been no timely response to a request for admission under Code of Civil Procedure section 2033.010, the propounding party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction.  (Code of Civ. Proc., § 2033.280, subd. (b).)  The party who failed to respond waives any objections to the demand, unless the court grants that party relief from the waiver, upon a showing that the party (1) has subsequently served a substantially compliant response, and (2) that the party’s failure to respond was the result of mistake, inadvertence, or excusable neglect.  (Code of Civ. Proc., § 2033.280, subds. (a)(1)-(2).)  The court “shall” grant a motion to deem admitted requests for admissions, “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.”  (Code of Civ. Proc., § 2033.280, subd. (c).) 

Where a party fails to provide a timely response to requests for admission, “[i]t 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).)

DISCUSSION

Here, Behzadi represents that he served Requests for Admission, Set One on Pae on June 15, 2023. (Takaloo Decl. ¶ 2, Exh. 1.) Pae’s responses were due on July 18, 2023, but he failed to respond by the deadline. (Id. ¶ 3.) Although not required, Behzadi sent Pae an email on July 24, 2023, to inquire about the responses. (Id. ¶ 4.) An associate of Pae’s responded but did not indicate if Pae would respond. Behzadi sent another email on August 1, 2023, but did not receive a response. (Id. ¶ 6.) Pae did not file an opposition to this motion.

On November 1, 2023, counsel David Browne filed a declaration that he became counsel of record for Pae as of October 31, 2023. (Browne Dec. ¶ 3.) His declaration attached verified responses to requests for admission, dated October 30, 2023. Accordingly, the motion to deem admitted is denied as moot.

Behzadi requests $4,141.65.00 in monetary sanctions against Pae, representing an hourly rate of $680.00 for 2 hours preparing this motion, 4 hours to read an opposition, prepare a reply, and attend the hearing. This amount also includes the $61.65 filing fee for this motion. The Court finds sanctions are warranted because Pae has failed to respond. However, the amount requested is excessive due to the type of motion at issue, the fact no opposition was filed, and because Behzadi can appear remotely. Therefore, the Court awards sanctions in the amount of $741.65 (1 hour of attorney time to file and appear at hearing, plus the $61.65 filing fee).

CONCLUSION AND ORDER

Accordingly, Plaintiff’s Motion to have Request for Admissions, Set One Deemed Admitted, is DENIED.

The Court GRANTS Defendant’s request for monetary sanctions against Jonathan Pae in the reduced amount of $741.65. Said monetary sanctions are to be paid to counsel for Defendant/ Cross-Complainant Ben Behzadi within 30 days of the date of this order.

Moving party to provide notice and file a proof of service of such.