Judge: Daniel S. Murphy, Case: 20STCV02999, Date: 2022-08-15 Tentative Ruling

Case Number: 20STCV02999    Hearing Date: August 15, 2022    Dept: 32

BACKGROUND

            On January 23, 2020, Claudia Cardona-Ramirez (“Plaintiff”) filed her complaint against Royal Health Homecare Agency, Inc., Raul Medina, and Christopher Chen (collectively “Defendants”), alleging nine causes of action stemming from discrimination, harassment, wrongful termination, etc. Defendants Royal Health and Raul Medina served their Requests for Admission, Set Two on June 3, 2022 and have not received any responses. Accordingly, Defendants filed the instant motions to deem matters admitted. Plaintiff has not filed an opposition.

LEGAL STANDARD

A response to requests for admission must be served within 30 days of service of the requests. (Code Civ. Proc., § 2033.250, subd. (a).) If the party to whom requests for admission are directed fails to serve a timely response, the court shall, upon request, grant a motion to deem requests for admission admitted unless the responding party serves, before the hearing on the motion, a proposed response to the requests in substantial compliance with Section 2033.220.

(Id., § 2033.280, subd. (c).) Section 2033.220 requires each answer to a request for admission to be as complete and straightforward as possible, and admit, deny, or state that the responding party lacks sufficient knowledge to either admit or deny after conducting a reasonable inquiry. Monetary sanctions are mandatory against a party or attorney whose failure to timely serve responses to requests for admission necessitates a motion to deem matters admitted. (Ibid.)

DISCUSSION

            Defendants served their requests for admission on June 3, 2022. (Fonda Decl. ¶ 4.) Plaintiff has not served any responses, thus violating the 30-day deadline. (See Code Civ. Proc., § 2033.250, subd. (a).) Plaintiff does not oppose the motion and thus concedes its merit.

Unless Plaintiff serves compliant responses before the hearing on this motion, the matters are deemed admitted. (Id., § 2033.280, subd. (c).) Monetary sanctions are mandatory regardless of whether responses are eventually served. (Ibid.)

            Defendants’ requested amounts are unreasonably high. As each Defendant served their own RFAs, there are two motions. However, the issue is identical: Plaintiff failed to serve responses within the 30-day deadline. Both Defendants are represented by the same counsel, and the motions are identical. Thus, it is unreasonable for counsel to claim 2 hours spent on the motion for Defendant Raul Medina plus 6.5 hours for Defendant Royal Health’s motion. (See Fonda Decl. ¶ 18.) There is also no opposition, obviating the need for a reply. The reasonable amount is 4 hours total at a rate of $250 per hour, plus a $60 filing fee. (Ibid.) This amounts to $1,060.  

CONCLUSION

            Defendants’ motions to deem matters admitted are GRANTED. The Court awards monetary sanctions against Plaintiff and her counsel in the amount of $1,060, to be paid within 30 days.