Judge: David A. Hoffer, Case: 30-2019-01113963, Date: 2023-05-22 Tentative Ruling

The unopposed motion by Time Escrow, Inc. (“Time Escrow”) to deem Requests for Admission, Set One, propounded to Wilshire Realty & Investment, Inc. (“Wilshire”), admitted is MOOT in part and GRANTED in part.

According to the declaration of David Lawrence filed on March 10, 2023, “Wilshire served the responses and supplemental responses ordered by the Court on March 1, 2023.”  (Lawrence Decl. at ¶4.)  Accordingly, the motion is moot as to the portion seeking to have the requests for admissions admitted.

However, there is still the matter of sanctions.  It is mandatory that the court impose a monetary sanction on the party whose failure to serve a timely response to request for admission necessitated the filing of the discovery motion.  (Code Civ. Proc. § 2033.280(c).)  Pursuant to the stipulation and order filed March 2, 2023, the parties were to “meet and confer regarding Cross-Defendants’ request for sanctions and provide a joint statement to the court by March 10, 2023.”  A joint statement was not submitted, but instead Time Escrow submitted the declaration of Attorney Lawrence on March 10, 2023.  In his declaration, Attorney Lawrence states that he attempted to meet and confer to resolve the request for sanctions, but counsel for Wilshire did not respond.  (Lawrence Decl. at ¶¶5-7.)

Accordingly, the Court orders Wilshire and its attorney Jamie Kim, jointly and severally, to pay sanctions in the amount of $935 to Time Escrow, through its attorneys of record, within 60 days.

Counsel for Time Escrow is ordered to give notice of this ruling.