Judge Christopher K. Lui, Case Number: 24STCV00344, Date: 2025-03-25 Tentative Ruling

Judge: Christopher K. Lui, Case: 24STCV00344, Date: 2025-03-25 Tentative Ruling

Case Number: 24STCV00344 Hearing Date: March 25, 2025 Dept: 76

The following tentative ruling is issued pursuant to Rule of Court 3.1308 at 2:25 PM on March 24, 2025.

Notice of intent to appear is REQUIRED pursuant to California Rule of Court 3.1308(a)(1). The Court does not desire oral argument on the motion addressed herein.

As required by Rule 3.1308(a)(1), any party seeking oral argument must notify ALL OTHER PARTIES and the staff of Department 76 by 4:00 p.m. on March 24, 2025.

Notice to Department 76 should be sent by email to smcdept76@lacourt.org, with opposing parties copied on the email. The high volume of telephone calls to Department 76 may delay the Court’s receipt of notice, so telephonic notice to 213-830-0776 should be reserved for situations where parties are unable to give notice by email.

Per Rule of Court 3.1308, the Court may not entertain oral argument if notice of intention to appear is not given.

This is an action for breach of promissory note and guaranty thereof.

Plaintiff Paige Cothrun Dunbar d/b/a Fast Cash Lending moves for an order deeming admitted the truth of requests for admission against Defendant MIR Fashion, LLC and Defendant Frediun Bahadori, and requests sanctions.

TENTATIVE RULING

Plaintiff Paige Cothrun Dunbar d/b/a Fast Cash Lending’s motions for an order deeming admitted the truth of requests for admission against Defendant MIR Fashion, LLC and Defendant Frediun Bahadori, are MOOT.

Plaintiff’s request against Defendant MIR Fashion, LLC and its counsel of record Albert Robles, Esq., jointly and severally, is GRANTED in the reduced amount of $742.50. Likewise, Plaintiff’s request against Defendant Frediun Bahadori his counsel of record Albert Robles, Esq., jointly and severally, is GRANTED in the reduced amount of $742.50.

Sanctions are to be paid to Plaintiff’s counsel within 20 days.

ANALYSIS

Motions To Deem Admitted Requests For Admission

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. There is not meet and confer requirement, nor any time limit. “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).)

In the oppositions, Defendants indicate that they served admittedly untimely responses to requests for admission, without objection, on February 24, 205, which is two weeks after these motions were filed, but prior to the hearing on this motion. (See Declarations of Albert Robles, Exh. A.) As such, the motions to deem admitted are MOOT.

“It is mandatory that the court impose a monetary sanction… 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 inclusion of the word “mandatory” in Section 2033.280(c) distinguishes sanctions under this statute from sanctions for other forms of written discovery: there is no “safety valve” allowing a party against whom a motion is brought to avoid sanctions upon a finding of substantial justification. As such, Plaintiff’s request against Defendant MIR Fashion, LLC and its counsel of record Albert Robles, Esq., jointly and severally, is GRANTED in the reduced amount of $742.50 (1.5 hours at $455/hour, plus $60 filing fee). Likewise, Plaintiff’s request against Defendant Frediun Bahadori his counsel of record Albert Robles, Esq., jointly and severally, is GRANTED in the reduced amount of $742.50.

Sanctions are to be paid to Plaintiff’s counsel within 20 days.