Judge: Daniel S. Murphy, Case: 22STCV13784, Date: 2023-04-05 Tentative Ruling

Case Number: 22STCV13784    Hearing Date: April 5, 2023    Dept: 32

BACKGROUND

            On April 26, 2022, Plaintiff Jose Ramos filed the instant action against Defendant RCMI. The complaint asserts a single cause of action for breach of contract. Plaintiff alleges that Defendant employed him to perform construction and upgrades to Defendant’s apartment complex but that Defendant only partially paid Plaintiff for his work. Plaintiff alleges that the parties had a written agreement. Plaintiff claims damages of $200,000.

            On March 7, 2023, Defendant filed the instant motion to deem matters admitted in Requests for Admission Set One. Plaintiff has not responded to the RFAs or filed an opposition to this motion.

LEGAL STANDARD

            Discovery responses are due 30 days after service of the requests, unless the parties stipulate or the court orders otherwise. (Code Civ. Proc., §§ 2030.260(a), 2031.260(a), 2033.250(a).) If a responding party fails to respond in time, the propounding party may move for an order compelling the responses or deeming matters admitted. (Id., §§ 2030.290(b), 2031.300(b), 2033.280(b).)

DISCUSSION

            The RFAs were served on January 16, 2023. (McClintick Decl. ¶ 4.) To date, Plaintiff has not served any responses. (Id., ¶ 7.) Plaintiff does not oppose the motion and has provided no substantial justification for his failure to respond.

            Sanctions are warranted but reduced to $860, reflecting 2 hours at $400 per hour, plus a $60 filing fee. (See McClintick Decl. ¶ 11.)

CONCLUSION

            Defendant’s motion to deem matters admitted is GRANTED. The matters in RFA Set One are deemed admitted. Sanctions are awarded against Plaintiff in the amount of $860, to be paid within 30 days.