Judge: Armen Tamzarian, Case: 23STCV24572, Date: 2025-01-29 Tentative Ruling

Case Number: 23STCV24572    Hearing Date: January 29, 2025    Dept: 52

Plaintiff The Lox Club, Inc.’s Motions to Deem Requests for Admission Admitted

Plaintiff The Lox Club, Inc. moves to deem requests for admission to defendants Craze, LLC and Scott Rosenbluth admitted.  When a party fails to serve a timely response to requests for admissions, 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).)

Each defendant failed to serve a timely response to plaintiff’s requests for admission.  Plaintiff served its requests for admission, set one, on each defendant by mail on November 13 and 15, 2024.  (Vallier Decls., ¶¶ 3-4, Exs. A & B.)  Neither defendant had served any responses as of December 30, 2024, when plaintiff’s counsel executed the declarations in support of these motions.  (Id., ¶¶ 5-6.)  Plaintiff is therefore entitled to an order deeming admitted the truth of the matters specified in the requests to each defendant.

Sanctions

Plaintiff moves for $1,397.50 in sanctions against each defendant.  “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).)  Each defendant failed to serve a timely response to requests for admission.  Their failure to do so necessitated plaintiff’s motions. 

Plaintiff did not, however, reasonably incur all claimed expenses for the motions.  Each sanction request includes an anticipated 1.5 hour of fees at $535 hourly to revie the opposition, prepare the reply, and attend the hearing. (Selmont Decls., ¶ 4.)  Defendants did not file any opposition.  Plaintiff did not file any reply.  The court will therefore reduce each monetary sanction by $535.  Plaintiff shall recover $862.50 from each defendant.

Disposition

Plaintiff The Lox Club, Inc.’s motion to deem the truth of matters specified in request for admissions to defendant Craze, LLC is granted.  The truth of the matters specified in plaintiff’s request for admissions, set one, to defendant Craze, LLC is hereby deemed admitted.  Defendant Craze, LLC is ordered to pay plaintiff $862.50 in sanctions within 30 days. 

Plaintiff The Lox Club, Inc.’s motion to deem the truth of matters specified in request for admissions to defendant Scott Rosenbluth is granted.  The truth of the matters specified in plaintiff’s request for admissions, set one, to defendant Scott Rosenbluth is hereby deemed admitted.  Defendant Scott Rosenbluth is ordered to pay plaintiff $862.50 in sanctions within 30 days.