Judge: Anne Richardson, Case: 21STCV22135, Date: 2023-04-03 Tentative Ruling

DEPARTMENT 40 - JUDGE ANNE RICHARDSON - LAW AND MOTION RULINGS
The Court issues tentative rulings on certain motions. The tentative ruling will not become the final ruling until the hearing [see CRC 3.1308(a)(2)]. If the parties wish to submit on the tentative ruling and avoid a court appearance, all counsel must agree and choose which counsel will give notice. That counsel must 1) call Dept 40 by 8:30 a.m. on the day of the hearing (213/633-0160) and state that all parties will submit on the tentative ruling, and 2) serve notice of the ruling on all parties. If any party declines to submit on the tentative ruling, then no telephone call is necessary and all parties should appear at the hearing in person or by Court Call. 



Case Number: 21STCV22135    Hearing Date: April 3, 2023    Dept: 40

Superior Court of California

County of Los Angeles

Department 40

 

EMPLOYERS ASSURANCE COMPANY,

                        Plaintiff,

            v.

MEDCAFE WESTWOOD LLC; and DOES 1 through 50, inclusive,

                        Defendants.

 Case No.:                           21STCV22135

 Hearing Date:   4/3/23

 Trial Date:         N/A

 [TENTATIVE] RULING RE:

Plaintiff Employers Assurance Company’s Motion for Order Deeming Matters Set Forth in Requests for Admission, Set No. One, Admitted Against Defendant Medcafe Westwood LLC.

 

MOVING PARTY:               Plaintiff Employers Assurance Company.

 

OPPOSITION:                      [Unopposed]

 

Motion to Deem Requests for Admission Admitted: GRANTED.

 

Plaintiff Employers Assurance Company sues Medcafe Westwood LLC and Does 1 through 50 pursuant to two claims of Breach of Contract. The claims are premised on allegations that Employers Assurance Co. issued worker compensation policies to Medcafe Westwood for the dates of May 13, 2019 to May 13, 2020 and May 13, 2020 to May 13, 2021, with the policy premiums set based on an estimate and the policies providing that Employers Assurance would be contractually entitled to audit the bases for the insurance coverage and charge Medcafe Westwood for the difference between the premium paid by Medcafe and the premium that Medcafe should have paid, only for Medcafe to subsequently (1) refuse to permit Plaintiff Employers Assurance Co. to access Medcafe’s records to enable Employers Assurance to perform an audit to determine the renumeration earned by the Defendant’s employees and contractors/subcontractors and (2) fail to remit payments owed to Employers Assurance Co. (FAC, ¶¶ 8-12, 14-18.)

 

On October 7, 2021, Employers Assurance Co. served a Requests for Admission, Set No. One, on Defendant Medcafe Westwood. (Mot., Aires Decl., 1:5-20, Aires Decl., ¶ 3, Ex. A.)

 

As of February 10, 2022, Medcafe Westwood had altogether failed to respond to the Requests for Admission, Set No. One. (Mot., 1:22-24, Aires Decl., ¶ 4.)

 

As a result, on February 10, 2022, Employers Assurance Co. made a Motion for Order Deeming Matters Set Forth in Requests for Admission, Set No. One, Admitted Against Defendant Medcafe Westwood LLC. (See Mot., 1:1-15.)

 

The motion was set for hearing on September 12, 2022, but was continued to April 3, 2023 on August 22, 2022. (See 8/31/22 Notice of Continuance.)

 

Based on the foregoing allegations and supporting evidence, the Court GRANTS Plaintiff Employers Assurance Co.’s motion because:

 

(1) Employers Assurance Co. served Requests for Admissions, Set One, on Medcafe Westwood LLC on October 7, 2021 (Mot., Aires Decl., 1:5-20, Aires Decl., ¶ 3, Ex. A; see Code Civ. Proc., § 2033.070);

 

(2) Medcafe Westwood failed to provide answers thereto within 30 days or a specified timeframe (Mot., 1:22-24, Aires Decl., ¶ 4; see Code Civ. Proc., § 2033.250);

 

(3) Employers Assurance Co. has made a motion for an order that the truth of any matters specified Requests for Admission, Set No. One, be admitted (see Mot. generally; see also Code Civ. Proc., § 2033.280, subd. (b));

 

(4) The motion has not been opposed; and

 

(5) The requests for admission are within the proper scope of discovery because they request admissions related to whether Medcafe Westwood owed Employers Assurance Co. $107,144 as of August 21, 2020, whether Medcafe Westwood did not avail itself of the administrative remedy prescribed in Insurance Policy No. EIG 2857298 00, and whether Medcafe Westwood waived any challenge to the amount determined to be the premium owed on this insurance policy as explained in an August 21, 2020 invoice (see Mot., Aires Decl., Ex. A, RFA Nos. A-C; see also Code Civ. Proc., § 2017.010).

 

The Court also GRANTS the requested monetary sanctions in the amount of $1,660, as comprised of (1) one hour of legal work performed drafting this motion at a rate of $400 per hour, (2) three hours of expected legal work performed in preparation of an opposition, reply, and hearing related to this motion at a rate of $400 per hour, and (3) a $60 filing fee. (Mot., 1:25-26, 3:14-20, Aires Decl., ¶¶ 5(a)-(c) [requesting rate of $450 per hour, but where requested sanctions of $1,660 indicate fee rate of $400 per hour for four hours, totaling $1,600 plus $60 filing fee].)