Judge: Curtis A. Kin, Case: 22STCV14511, Date: 2023-03-07 Tentative Ruling

Case Number: 22STCV14511    Hearing Date: March 7, 2023    Dept: 72

MOTIONS (3) TO DEEM

REQUESTS FOR ADMISSION ADMITTED

Date:               3/7/23 (8:30 AM)

Case:               Lashameka Collins et al. v. CS Properties LLC (19STCV27487)

TENTATIVE RULING:

Defendant CS Properties LLC’s Motion for an Order that the Truth of Matters Specified in Requests for Admission, Set One, be Deemed Admitted against Plaintiff Lashameka Collins (Reservation No. 980948806257) is GRANTED.

Defendant CS Properties LLC’s Motion for an Order that the Truth of Matters Specified in Requests for Admission, Set One, be Deemed Admitted against Plaintiff Labrjon Shield (Reservation No. 679506351749) is GRANTED.

Defendant CS Properties LLC’s Motion for an Order that the Truth of Matters Specified in Requests for Admission, Set One, be Deemed Admitted against Plaintiff Dante Kimbrough (Reservation No. 609932839795) is GRANTED.

On November 15, 2022, defendant CS Properties LLC served the first sets of Request for Admissions on each of the plaintiffs by mail. (Levy Decls. ¶¶ 3 & Exs. A.) The deadline to serve responses was December 20, 2022. (CCP § 2033.250(a) [responses to be served 30 days after service); 1013(a) [five calendar days added for mail].) As of the filing of the motions, no responses have been served. (Levy Decls. ¶¶ 4.) Accordingly, all objections are waived. (CCP § 2033.280(a).)

The motions are GRANTED. The Court deems as admitted against plaintiffs Lashameka Collins, Labrjon Shield, and Dante Kimbrough the matters set forth in their respective Request for Admissions, Set One served on November 15, 2022. 

For failing to comply with discovery obligations thereby forcing defendant to file these three motions, the Court imposes a total of $717.50 in monetary sanctions on plaintiffs as follows:

·                     $239.17 against plaintiff Lashameka Collins

·                     $239.17 against plaintiff Labrjon Shield, a minor by and through his guardian ad litem, Lashameka Collins

·                     $239.16 against plaintiff Dante Kimbrough, a minor by and through his guardian ad litem, Lashameka Collins

The monetary sanctions are based on 2 hours of work preparing all three motions, instead of the 2 hours claimed for each motion, and 0.5 hours attending the hearing for all three motions, instead of the one hour claimed for each motion, at an hourly rate of $215, plus $180 in filing fees. The total sanctions are allocated equally to each of the three plaintiffs. Monetary sanctions shall be paid to counsel for defendant CS Properties LLC within 30 days hereof.