Judge: Daniel M. Crowley, Case: 22STCV00018, Date: 2022-10-21 Tentative Ruling

Case Number: 22STCV00018    Hearing Date: October 21, 2022    Dept: 28

Motion to Deem RFAs Admitted

Having considered the moving papers, the Court rules as follows:

BACKGROUND

On January 3, 2022, Plaintiff Elizabeth Ann Gay (“Plaintiff”) filed a complaint against Defendant Stephanie Lynn Ivey (“Defendant”).  Plaintiff alleges general and motor vehicle negligence in the complaint arising from an automobile collision that occurred on November 18, 2021.

On February 18, 2023, Defendant filed a cross-complaint. But on June 23, 2022, Defendant requested the cross-complaint be dismissed with prejudice.

Defendant now moves to have RFAs, Set One, deemed admitted. The motion is unopposed.

PARTY’S REQUESTS

            Defendant asks the Court to deem RFA’s, Set One, admitted. Defendant also asks the Court to impose $291.65 in monetary sanctions.

LEGAL STANDARD

“A defendant may make requests for admission by a party without leave of court at any time.” (Code Civ. Proc. § 2033.020(a).) “A request for admission may relate to a matter that is in controversy between the parties.” (Code Civ. Proc. § 2033.010.)

“Within 30 days after service of requests for admission, the party to whom the requests are directed shall serve the original of the response to them on the requesting party, and a copy of the response on all other parties who have appeared, unless on motion of the requesting party the court has shortened the time for response, or unless on motion of the responding party the court has extended the time for response.” (Code Civ. Proc. § 2033.250(a).)

“If a party to whom requests for admission are directed fails to serve a timely response…The party to whom the requests for admission are directed waives any objection to the requests” and “[t]he 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…” (Code Civ. Proc. § 2033.280(a)-(b).)

“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.” (Code Civ. Proc. § 2033.280(c).)

DISCUSSION

Here, Defendant propounded her Requests for Admissions, Set One, on Plaintiff on July 20, 2022. Pursuant to Code of Civil Procedure section 2033.250, Plaintiff had 30 days to respond—or until August 24, 2022. As of this date, Plaintiff has failed to respond.

Furthermore, Plaintiff failed to attend her scheduled deposition on August 31, 2022. Counsel for Defendant states that on that same day he informed Plaintiff by telephone, as well as by email on the following day, that her responses to RFAs, Set One, were due. (Nestler Decl. ¶¶ 6-8.) Nonetheless, Plaintiff has failed to respond.  Therefore, the motion to deem RFAs, Set One, admitted is properly granted.

Pursuant to Code of Civil Procedure section 2033.250, the Court must award sanctions on Plaintiff for failing to respond. Counsel for Defendant states his hourly rate is $165, that he spent two hours preparing the instant motion, and Defendant incurred $61.65 in filing fees. (Nestler Decl. ¶ 11.) The filing fees are awardable. And the Court finds counsel’s hourly rate to be reasonable. However, given the simplicity of this motion, the Court only one hour to be appropriate. Accordingly, sanctions imposed against Plaintiff for $226.65.

CONCLUSION

The motion is GRANTED.

Plaintiff is ordered to pay Defendant $226.65

Defendant is ordered to give notice of this ruling.

Defendant is ordered to file a 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.