Judge: Christopher K. Lui, Case: 23STCV12998, Date: 2024-12-04 Tentative Ruling

Case Number: 23STCV12998    Hearing Date: December 4, 2024    Dept: 76

            Plaintiffs allege that Defendants have failed to remediate uninhabitable conditions as the property leased by Plaintiff.

Defendant 600 Tower moves for an order deeming admitted requests for admission served upon Plaintiff Thea Samper, and for sanctions.

TENTATIVE RULING

Defendant 600 Tower’s motion for an order deeming admitted requests for admission served upon Plaintiff Thea Samper, is GRANTED. 

Defendant’s request for sanctions against Plaintiff Thea Samper is GRANTED in the reduced amount of $245. Sanctions are to be paid to Defendant’s counsel within 20 days.

ANALYSIS

Motion To Deem Admitted Requests For Admission

Defendant 600 Tower moves for an order deeming admitted requests for admission served upon Plaintiff Thea Samper, and for sanctions.

When a party to whom a request for admissions are directed fails to respond, under Civ. Proc. Code § 2033.280(b) a party propounding the request for admission may move for an order that the truth of any matters specified in the request be deemed admitted.  “The court shall make this order [deem admitted], unless it finds that the party to whom the request for admissions have been directed has served, before the hearing on the motion, a proposed response to the request for admission that is in substantial compliance with section 2033.220.” (Civ. Proc. Code, § 2033.280(c).)  

As of the date this motion was filed, Plaintiff had not served timely responses to requests for admission. (Declaration of Elisa Wayne, ¶ 3.) As such, the motion to deem admitted requests for admission is GRANTED.

Defendant’s request for sanctions against Plaintiff Thea Samper is GRANTED in the reduced amount of $245. (1 hour at $194/hour plus $60 filing fee—Wayne Decl., ¶ 4.) Sanctions are to be paid to Defendant’s counsel within 20 days.