Judge: Audra Mori, Case: 21STCV16798, Date: 2023-03-10 Tentative Ruling

Case Number: 21STCV16798    Hearing Date: March 10, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiffs Gudelia Barbosa and Carmen Nazarian (collectively, “Plaintiffs”) filed this action against Defendants Roberto Marco Amici (“Roberto”) and Sarah Amici (“Sarah”) (collectively, “Defendants”) for damages arising out of a motor vehicle accident.

Plaintiffs propounded request for admissions (“RFAs”), sets one, on each of Roberto and Sarah on July 29, 2022.  As of the filing of the instant motions, neither Roberto nor Sarah had served responses to the RFAs.  Plaintiffs therefore sought an order deeming the RFAs admitted against each Roberto and Sarah and imposing sanctions.

            On February 28, 2023, Defendants filed an opposition to the motions asserting that Defendants each served responses to the subject RFAs on February 14, 2023. [1]  Defendants contend the motions should now be denied as moot.  Further, Defendants contend that sanctions are not warranted under the circumstances.

            In reply, Plaintiffs assert that Defendants’ responses are deficient, and that sanctions are warranted.  To the extent that Plaintiffs contend Defendants’ responses are deficient, the proper relief for Plaintiff to seek is to move to compel further responses. 

Because Defendants served responses to the RFAs before the hearing, the motions to deem RFAs admitted are moot.  (St. Mary v. Superior Court (2014) 223 Cal.App.4th 762, 776.)

Sanctions are mandatory against the one that necessitated the motions.  (CCP § 2033.280(c).)  Plaintiffs are awarded one hour for preparing each motion [two hours], 0.5 hours, for the reply and one hour to appear at the hearing- but awards this time once- all at the reasonable rate $200 per hour, for a total of $700 in attorney fees.  Further, Plaintiffs are awarded two motion filing fees of $60 each, or $120 total, as costs.  

Plaintiffs seek sanctions against Defendants and Defendants’ attorney of record.  Plaintiffs do not describe any conduct warranting sanctions against the Amicis personally.  The evidence shows the discovery requests were served on defense counsel, and no reason is given for why defense counsel failed to timely respond to the RFAs.  Sanctions are imposed against Defendants’ counsel of record only.  Defendants’ counsel is ordered to pay sanctions to Plaintiffs, by and through counsel of record, in the total amount of $820.00, within twenty days.

Plaintiffs are ordered to give notice.

PLEASE TAKE NOTICE:

• Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement.
• If a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept31@lacourt.org with the Subject line “SUBMIT” followed by the case number.  The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.  
• Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.  You should assume that others may appear at the hearing to argue.  
• If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.  After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave. 

Dated this 10^th day of March 2023