Judge: Christopher K. Lui, Case: 21STCV20775, Date: 2023-11-15 Tentative Ruling

Case Number: 21STCV20775    Hearing Date: January 17, 2024    Dept: 76

Pursuant to California Rule of Court 3.1308(a)(1), the Court does not desire oral argument on the motion addressed herein.  Counsel must contact the staff in Department 76 to inform the Court whether they wish to submit on the tentative, or to argue the matter.  As required by Rule 3.1308(a), any party seeking oral argument must notify ALL OTHER PARTIES and the staff of Department 76 of their intent to appear and argue.

Notice to Department 76 may be sent by email to smcdept76@lacourt.org or telephonically at 213-830-0776.

Per Rule of Court 3.1308, if notice of intention to appear is not given, the Court may adopt the tentative ruling as the final ruling.

Motion To Deem Admitted Requests For Admission 

Discussion

            On April 10, 2023, the Court ordered Defendant Jasmine Fajardo to provide further responses to requests for admission as to Nos. 1, 14-22, 24-28, 31 and 32 but not as to No. 7.

            Civ. Proc. Code, § 2033.290(e) provides:

(e) If a party then fails to obey an order compelling further response to requests for admission, the court may order that the matters involved in the requests be deemed admitted. In lieu of, or in addition to, this order, the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010).

Although Defendant purportedly served supplemental responses prior to the hearing on this motion, such responses were not verified. (Reply Decl. of Cory D. Gould, ¶ 6; Opp Decl. of Robert A. Orozco, Exh. 1.) “Unsworn responses are tantamount to no responses at all. (Citation omitted.)” (Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 635-36.)

 As such, the motion to deem requests for admission against Defendant Fajardo is GRANTED as to responses to requests for admission as to Nos. 1, 14-22, 24-28, 31 and 32 only.

Plaintiff’s request for sanctions against Defendant Jasmine Fajardo only is GRANTED in the reduced amount of $1,245 (3 hours at $395/hour plus $60 filing fee—see Gould Decl., ¶ 10.) Sanctions are to be paid to Plaintiff’s counsel within 20 days.

Plaintiff’s request that the Court call an evidentiary hearing regarding Fajardo's reappearance is DENIED. If Plaintiff wishes to seek terminating sanctions due to Fajardo’s conduct, Plaintiff may bring a noticed motion.