Judge: Colin Leis, Case: 23STCV05044, Date: 2024-04-24 Tentative Ruling

Case Number: 23STCV05044    Hearing Date: April 26, 2024    Dept: 74

Defendant’s Motion to Deem Requests for Admission (Sets One) Admitted and Request for Sanctions

BACKGROUND 

            This action arises from an employment dispute.

            On March 7, 2023, Plaintiff April Netus (Plaintiff) filed a complaint against Defendant Noor Staffing Group (Defendant) and Cedars-Sinai Medical Center.

            On September 24, 2023, Defendant served Plaintiff with requests for admission (set one) (RFAs).

            After multiple extensions, Plaintiff’s counsel failed to provide timely responses.

            On March 15, 2024, Defendant filed this motion to deem the RFAs admitted.

LEGAL STANDARD

            If a party to whom requests for admission are directed fails to serve a timely response, the requesting party may move for an order that the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction. (Code Civ. Proc., § 2033.280, subd. (b).) Further, the Court¿shall¿make this order, “unless it finds that the party to whom the requests for admission have been directed has served, before the hearing¿on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220.” (Code Civ. Proc., § 2033.280, subd. (c).) ¿

            While tardy responses may defeat the motion, they will not avoid monetary sanctions. (Code of Civ. Proc. § 2033.280, subd. (c) [“It is mandatory that the court impose a monetary sanction [Citation] on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.”].) 

DISCUSSION 

            The court grants this motion because Plaintiff has not provided responses to the RFAs. Moreover, sanctions are mandatory. (Code of Civ. Proc. § 2033.280, subd. (c).) Defendant’s counsel’s proposed hourly rate is reasonable, and she has provided a breakdown of work performed. (Marko Decl., ¶ 7.) However, this motion largely duplicates Defendant’s other discovery motions. The court will adjust the award accordingly.

CONCLUSION 

The court grants Defendant’s motion to deem the RFAs admitted. The court grants Defendant’s request for sanctions. Plaintiff shall pay Defendant’s counsel attorney fees in the sum of $690 within 30 days of this order.

Defendant shall give notice.