Judge: Christian R. Gullon, Case: 25PSCV00310, Date: 2025-05-08 Tentative Ruling

Case Number: 25PSCV00310    Hearing Date: May 8, 2025    Dept: O

Tentative Ruling

PLAINTIFFS’ NOTICE OF MOTION AND MOTION FOR ORDER THAT THE TRUTH OF ANY MATTERS SPECIFIED IN REQUESTS FOR ADMISSIONS, SET ONE, BE DEEMED ADMITTED BY DEFENDANT A-TEAM LOGISTICS GROUP, INC.; REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF $510 to $960 AGAINST DEFENDANT A-TEAM AND ITS COUNEL STEVEN L. SUGARS is GRANTED; sanctions are imposed upon Defendant A-Team and its counsel in the amount of $510, which is payable within 10 days of this hearing.

Background

This is an unlawful detainer action.

On January 29, 2025, Plaintiffs MAJESTIC REALTY CO. and MAJESTIC FAIRWAY BUSINESS CENTER SUBPARTNERSHIP filed suit against Defendants ADVANCE TUNING, LLC; A-TEAM LOGISTICS GROUP, INC.; STRAIGHT FORWARDING, INC. for unlawful detainer arising from a November 2020 lease between the parties wherein in October 2024, the defendants allegedly failed to remit payment. The unpaid balance due and owing on the original amount set forth in the Demand Letter is $25,216.83 as of this date. (Complaint, Attachment 17—Other Allegations at ¶¶11, 13, pp. 6-7 of 96 of PDF.)

On April 15, 2025, Defendant A-Team filed a demurrer, which the court on 4/24/25 overruled.

On May 1, 2025, Plaintiff filed the instant motion.

On May 1, 2025, Defendant A-Team filed its answer.

On May 2, 2025, the court set a trial for 5/19.

Discussion

This motion is being brought pursuant to C.C.P. § 2033.280 on the grounds that Defendant A-Team failed to provide any form of response(s) to the RFA propounded by Plaintiffs on April 18, 2025 via electronic service. Per code, Defendant A-Team was allotted seven (7) days to respond to the RFA per code (by Friday, April 25, 2025). Defense Counsel sought an extension but Plaintiff’s Counsel “did not grant the requested extension of time, in part due to the considerable daily damages that Plaintiffs are incurring and the inordinate delay A-Team has already generated in this proceeding.” (Motion p. 3:21-26.)

Here, absent an opposition to explain otherwise, it is indisputable that no responses have been served. Likewise, absent an opposition to explain the existence of a substantial justification that precluded timely responses, monetary sanctions are imposed upon. Utilizing a lodestar method and considering the totality of the circumstances, the court determines Plaintiff’s request for $450 in attorney fees (1 hour at $450/hour) + $60 court filing fee to be reasonable. Thus, the court imposes a monetary sanction in the amount of $510 against Defendant A-Team and its Counsel, Steven L. Sugars, which is payable within 10 days of this hearing.

Conclusion

Based on the foregoing, the motion is granted as are sanctions.