Judge: Anne Hwang, Case: 21STCV42295, Date: 2023-10-26 Tentative Ruling

Case Number: 21STCV42295    Hearing Date: October 26, 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

            Plaintiff Mary Ann Cuevas (Plaintiff) moves to have Request for Admissions, Set One Deemed Admitted. Plaintiff asserts that on December 6, 2022, she served Request for Admissions, Set One on Defendant Marla Barraza Beltran (Defendant). An extension to respond was granted until February 13, 2023.

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

            Defendant asserts that verified responses were served on September 19, 2023. (Rohr Decl. ¶ 10, Exh. A.) Defendant’s counsel represents that she took over Defendant’s case on July 7, 2023 and was not informed by former counsel that discovery had been served. (Rohr Decl. ¶ 4–5.) By that time, the motion to deem admitted was already filed. Once Defendant’s counsel learned of the request for admissions, she promptly served responses. Because responses were served before the hearing, the motion to deem admitted is denied as moot.

            Plaintiff requests sanctions against Defendant and her counsel of record for $811.65. This amount represents an hourly rate of $250 for three hours and the $61.65 filing fee. Given the type of motion and the fact counsel can appear remotely at the hearing, the Court finds this amount is excessive and reduces it to $561.65 (two hours of attorney time and the filing fee).

CONCLUSION AND ORDER

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

The Court GRANTS Plaintiff’s request for monetary sanctions against Defendant and her counsel of record, jointly and severally, in the reduced amount of $561.65. Said monetary sanctions are to be paid to counsel for Plaintiff within 30 days of the date of this order.

Plaintiff to provide notice and file a proof of service of such.