Judge: Ashfaq G. Chowdhury, Case: 23GDCV02452, Date: 2024-04-26 Tentative Ruling

Case Number: 23GDCV02452    Hearing Date: April 26, 2024    Dept: E

Hearing Date: 04/25/2024 – 8:30am Case No. 23GDCV02452 Trial Date: UNSET Case Name: WENDERSON ALEXANDRINO, an individual; v. FCA US LLC, a Delaware Limited Liability Company, and DOES 1-10, inclusive

TENTATIVE RULING – DEEM ADMITTED

BACKGROUND Plaintiff, Wenderson Alexandrino, filed a Complaint on 11/17/2023 alleging three causes of action for: (1) Violation of Song-Beverly Act – Breach of Express Warranty; (2) Violation of Song-Beverly Act – Breach of Implied Warranty; and (3) Violation of the Song-Beverly Act Section 1793.2.

RELIEF REQUESTED¿ “Plaintiff, Wenderson Alexandrino, moves for an order deeming the truth of matters admitted in Plaintiff’s Requests for Admissions, Set One. Plaintiff’s Requests for Admissions were initially served and propounded on Defendant by Plaintiff on January 9, 2024.

This Motion is made pursuant to California Code of Civil Procedure, sections 2033.280, subdivision (a), and 2033.280, subdivision (b), on the grounds that Defendant, FCA US LLC, has failed to provide verified and timely responses to Plaintiff’s Requests for Admissions, which seek information directly relevant and material to their claims under the Song-Beverly Consumer Warranty Act. Thus, Plaintiff seeks an order deeming the truth of matters admitted, within 10 calendar days of the Court’s order.”

Procedural

Moving Party: Plaintiff, Wenderson Alexandrino

Responding Party: No Opposition by Defendant

Moving Papers: Notice/Motion; Proposed Order; Sogoyan Declaration

Opposition Papers: No Opposition

Reply: Reply/Notice of Non-Opposition

16/21 Day Lapse (CCP §12c and §1005(b): Ok Proof of Service Timely Filed (CRC, Rule 3.1300): Ok Correct Address (CCP §1013, §1013a): Ok

LEGAL STANDARD –REQUEST TO DEEM ADMISSIONS ADMITTED “Within 30 days after service of requests for admission, the party to whom the requests are directed shall serve the original of the response to them on the requesting party, and a copy of the response on all other parties who have appeared, unless on motion of the requesting party the

court has shortened the time for response, or unless on motion of the responding party the court has extended the time for response.” (CCP § 2033.250(a).)

If a party to whom requests for admission are directed fails to serve a timely response, 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, as well as for a monetary sanction under Chapter 7 (commencing with Section 2023.010). (CCP § 2033.280(b).)

Further, “If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply: (a) The party to whom the requests for admission are directed waives any objection to the requests, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010). The court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied: (1) The party has subsequently served a response that is in substantial compliance with Sections 2033.210, 2033.220, and 2033.230. (2) The party’s failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect.” (CCP § 2033.280(a).)

“The court shall make this order, 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.” (CCP § 2033.280(c).)

TENTATIVE RULING On January 9, 2024, Plaintiff served Requests for Admission, Set One. (Sogoyan Decl. ¶8.) Plaintiff’s counsel emailed Defendant’s counsel a meet and confer on March 11, 2024 about overdue responses and waived objections. (Sogoyan Decl. ¶12.) To date [March 22, 2024 as in the Sogoyan Declaration], Plaintiff’s counsel has not received responses. (Sogoyan Decl. ¶14.)

Since timely responses have not been received, Plaintiff’s Requests for Admission, Set One, are deemed admitted. Plaintiff’s motion is GRANTED.

Sanctions – Requests for Admission

“It 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.” (CCP §2033.280(c).)

“The court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though no opposition to the motion was filed, or opposition to the motion was withdrawn, or the requested discovery was provided to the moving party after the motion was filed.” (Cal. Rules of Court, Rule 3.1348(a).)

Sanctions Ruling

The Court will hear from the parties as to sanctions.