Judge: Armen Tamzarian, Case: 20STCV32017, Date: 2023-10-03 Tentative Ruling

Case Number: 20STCV32017    Hearing Date: October 3, 2023    Dept: 52

Defendant S. Keven Steinberg dba Steinberg Law’s Motion to Have Requests for Admissions, Set Two Deemed Admitted

Defendant S. Keven Steinberg dba Steinberg Law moves for an order deeming admitted the truth of the matters and the genuineness of documents specified in requests for admissions, set two, to plaintiff Dan Wolfe.  When a party fails to respond to requests for admission, the requesting 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.  (CCP § 2033.280(b).)  Failure to timely respond to requests for admission also waives any objection.  (CCP § 2033.280(a).)

On May 26, 2023, defendant served requests for admissions, set two on plaintiff by mail.  (Besa Decl., ¶ 2, Ex. A.)  Plaintiff was required to respond within 35 days.  (CCP § 2033.250(a) [30 days]; § 1013(a) [extra 5 days after service by mail].)  His deadline to respond was therefore June 30.  In his declaration executed on July 20, defendant’s counsel states, “To date Plaintiff has not provided any verified and complete responses.”  (Besa Decl., ¶ 2.)  Plaintiff did not timely respond to defendant’s requests for admissions, set two.  Defendant is therefore entitled to an order deeming the truth of the matters specified in the requests admitted.

Defendant also moves for $1,310 in sanctions against plaintiff.  “It is mandatory that the court impose a monetary sanction … on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated [a] motion” to deem matters admitted.  (CCP § 2033.280(c).)  Plaintiff’s failure to serve timely responses to defendant’s requests necessitated this motion.  Sanctions are mandatory. 

Defendant, however, did not reasonably incur $1,310 in expenses.  Defendant claims expenses including four hours of attorney fees at $250 hourly for drafting the motion (Besa Decl., ¶ 8), the $60 filing fee (ibid.), and another $250 for an hour of attorney fees anticipated in “reviewing, analyzing, and drafting a reply to Plaintiff’s expected opposition and appearing at the hearing on this motion” (id., ¶ 9).  Plaintiff did not file an opposition.  Defendant did not file a reply.  The court will therefore only award expenses for half an hour for appearing at the hearing.  The total sanctions will be $1,185.

Disposition

Defendant S. Keven Steinberg dba Steinberg Law’s motion to have requests for admissions, set two deemed admitted is granted.  The truth of matters specified in defendant’s request for admissions, set two (Nos. 120-141) to plaintiff Dan Wolfe are hereby deemed admitted.

Plaintiff Dan Wolfe is hereby ordered to pay defendant S. Keven Steinberg dba Steinberg Law $1,185 in sanctions within 30 days.