Judge: Anne Hwang, Case: 23STCV02632, Date: 2023-11-08 Tentative Ruling

Case Number: 23STCV02632    Hearing Date: November 8, 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

            Defendants RH Centennial Apartments LLC and RHET Apartments LLC (Defendants) move to have Requests for Admissions, Set One Deemed Admitted. Defendants assert that on March 20, 2023, they served Requests for Admissions, Set One on Plaintiff Maria Erazo Benitez (Plaintiff). (Aquino Decl. ¶ 6, Exh. B.) Extensions to respond were granted until May 19, 2023. (Id. ¶ 9–11.) No further extensions were requested and as of the filing of this motion, no responses have been served. (Id. ¶ 12.) Defendants also seek monetary sanctions.

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

            In opposition, Plaintiff states she is incapacitated and cannot respond to any discovery requests until a guardian ad litem is appointed. Plaintiff’s counsel declares that on October 24, 2023, an Application and Order For Appointment of Guardian ad litem was filed. (Hoffman Decl. ¶ 13.) In reply, Defendants argue they were not informed of Plaintiff’s purported incompetency until October 24, 2023. (Shaham Decl. ¶ 11–12.) Nevertheless, given this new information, Defendants request the Court continue the present motion and their motion to compel responses to form interrogatories (set for December 6, 2023) to January 18, 2024.

CONCLUSION AND ORDER

Accordingly, Defendants’ Motion to have Request for Admissions, Set One Deemed Admitted and Defendants’ Motion to Compel Form Interrogatories, are both continued to January 18, 2024 at 1:30 p.m. in Department 32 of the Spring Street Courthouse.

The hearing on the motion to compel responses to form interrogatories set for December 6, 2023 is advanced and vacated, and continued to January 18, 2024.

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