Judge: Daniel S. Murphy, Case: 23STCV21889, Date: 2024-03-01 Tentative Ruling

Case Number: 23STCV21889    Hearing Date: March 1, 2024    Dept: 32

BACKGROUND

            On September 12, 2023, Plaintiff TBF Financial I, LLC filed this action against Defendant Risa B. Freeman, alleging (1) breach of contract and (2) continuing guaranty.

            On January 31, 2024, Plaintiff filed the instant motion to establish admissions and the genuineness of documents. Defendant filed her opposition on February 15, 2024.

LEGAL STANDARD

Responses to requests for admission are due thirty days after service of the requests. (Code Civ. Proc., § 2033.250(a).) If a party fails to timely respond to RFAs, the propounding party may move to deem the matters admitted. (Id., § 2033.280(b).) The motion must be granted unless the responding party serves substantially compliant responses before the hearing on the motion. (Id., subd. (c).) Monetary sanctions are mandatory regardless of whether the matters are deemed admitted and regardless of substantial justification. (Ibid.)

DISCUSSION

            Plaintiff served the subject RFAs on November 3, 2023. (Krantz Decl. ¶ 4.) Defendant did not respond within 30 days, but Plaintiff gave Defendant until January 26, 2024 to respond. (Id., ¶¶ 4-6.) Defendant did not respond to the RFAs by January 26, 2024. This motion followed.

            Defendant avers that she will serve responses prior to the hearing on this motion. (Freeman Decl. ¶ 6.) If Defendant serves substantially compliant responses prior to the hearing, the RFAs will not be deemed admitted. However, monetary sanctions are mandatory under the statute. (See Code Civ. Proc., § 2033.280(c).) The Court finds that $400 is the reasonable amount.

CONCLUSION

            Plaintiff’s motion to deem matters admitted is GRANTED unless Defendant serves substantially compliant responses prior to the hearing on this motion. Sanctions are granted against Defendant in the amount of $400, to be paid within 30 days.