Judge: Daniel M. Crowley, Case: 20STCV49357, Date: 2022-09-20 Tentative Ruling

Case Number: 20STCV49357    Hearing Date: September 20, 2022    Dept: 28

Plaintiff Eduardo Alcauter’s Motion to Deem Admitted Requests for Admissions (Set One)

Having considered the moving, opposing and reply papers, the Court rules as follows. 

BACKGROUND

On December 28, 2020, Plaintiff Eduardo Alcauter (“Plaintiff”) filed this action against Defendant Edvard Chilingaryan (“Chilingaryan”) and Las Marias Pallets, LLC (“Pallets”) for motor vehicle negligence and general negligence.

On June 8, 2021, Defendants filed an answer.

On June 17, 2022, Intervenor State Farm Mutual Automobile Insurance Company (“Intervenor”) filed a Complaint in Intervention on behalf of Chilingaryan.

On December 30, 2021, Plaintiff filed a Motion to Deem Requests for Admissions Admitted, set to be heard on August 18, 2022. The Court continue the hearing on this motion on September 20, 2022. On September 7, 2022, Defendants filed an opposition. On September 12, 2022, Plaintiff filed a reply.

Trial is currently scheduled for March 28, 2023.

PARTY’S REQUESTS

Plaintiff requests the Court order Request for Admissions, Set One, against Pallets be deemed admitted. Plaintiff also requests the Court impose sanctions totaling $1,311.65.

Defendants request the Court deny the motion.

LEGAL STANDARD

Under CCP § 2033.280:

“If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply:

(a) The party to whom the requests for admission are directed waives any objection to the requests, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010). The court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied:

(1) The party has subsequently served a response that is in substantial compliance with Sections 2033.210, 2033.220, and 2033.230.

(2) The party’s failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect.

(b) The requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction under Chapter 7 (commencing with Section 2023.010).

(c) 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. It is mandatory that the court impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.”

DISCUSSION

Request for Discovery

Plaintiff propounded Request for Admissions, Set One, on Pallets on January 27, 2021. Responses were due on March 3, 2021. Multiple extensions were granted, with the final extension date ending on October 29, 2021. At the time of filing this motion, Pallets have yet to serve discovery responses.

Defendants served verified responses on March 2, 2022, prior to the hearing on this motion. The Court must, therefore, deny the motion.

Sanctions

Nonetheless, the Court may impose reasonable monetary sanctions for misuse of the discovery process, including failure to respond to discovery. As Pallets failed to respond to Plaintiff’s Request for Admissions, the Court may impose sanctions. Defendant’s counsel requests $1,311.65 in sanctions based upon 5 hours of attorney’s work, at a rate of $250.00 per hour, and one $61.65 filling fee. Attorney’s work includes 2 hours of drafting, 2 hours reviewing and responding to Defendants’ opposition, and 1 hour appearing in Court. The Court grants sanctions based on 3 hours of attorney’s work. The Court imposes sanctions totaling $811.65.

CONCLUSION

Plaintiff Eduardo Alcauter’s Motion to Deem Admitted Requests for Admissions (Set One) is DENIED.

Plaintiff Eduardo Alcauter’s Request for Sanctions is GRANTED. Pallets and Pallets’s counsel are ordered to pay $811.65 to Plaintiff within 30 days of the hearing on this motion.

            Moving party is ordered to give notice of this ruling.

Moving Party is ordered to file the proof of service of this ruling with the Court within five days.

The parties are directed to the header of this tentative ruling for further instructions.