Judge: Anne Hwang, Case: 22STCV23236, Date: 2024-01-04 Tentative Ruling

Case Number: 22STCV23236    Hearing Date: January 4, 2024    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 State Farm Mutual Automobile Insurance Company (Plaintiff) moves to deem admitted matters in the Requests for Admissions, Set One served on Defendant Melissa Elder (Defendant). Plaintiff seeks monetary sanctions. Defendant has not filed an opposition.

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, Plaintiff asserts that it served Requests for Admissions, Set One on Defendant on April 27, 2023 by mail and email. (Espinosa Decl. ¶ 1. Exh. A.) The responses were due May 31, 2023. (Id. ¶ 3.) Although not required, Plaintiff sent a meet and confer letter on August 11, 2023 to inquire about the responses. (Id. ¶ 4.) No response was received. As of the filing of this motion, Plaintiff has not received responses. (Id. ¶ 5.) Therefore, because responses were not served, the motion to deem admitted is granted.

Plaintiff requests $460.00 in monetary sanctions against Defendant, representing an hourly rate of $200.00 for two hours, plus the $60 filing fee. However, because of the type of motion at issue and the fact no opposition was filed, the amount requested is excessive. The Court awards sanctions to Plaintiff against Defendant for $360.00 (1.5 hours of attorney time, plus the $60 filing fee).

CONCLUSION AND ORDER

Accordingly, Plaintiff’s Motion to Deem Matters Admitted is GRANTED.

The Court further GRANTS Plaintiff’s request for monetary sanctions against Defendant in the reduced amount of $360.00. Said monetary sanctions are to be paid to counsel for Plaintiff within 30 days of the date of this order.

Plaintiff shall provide notice of the Court’s order and file a proof of service of such.