Judge: Donald F. Gaffney, Case: Aguilera v. Moss, Date: 2023-08-09 Tentative Ruling

TENTATIVE RULING:

Motion to Deem Requests for Admission Admitted

Defendant Dequane Wayne Moss moves for an order establishing the truth of each matter specified in the Requests for Admission (Set No. 1) served on Plaintiff Steven Alexander Aguilera. For the reasons set forth below, Defendant’s unopposed motion is GRANTED.

Due to Plaintiff’s failure to serve responses to the requests, Defendant has “waive[d] any objection to the requests, including one based on privilege or on the protection for work product . . . .” (Code Civ. Proc., § 2033.280(a).)

Pursuant to Code of Civil Procedure section 2033.280(c), “[i]t 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” the motion.  Accordingly, because Plaintiff’s failure to serve timely responses to Defendant’s Requests for Admission (Set No. 1) caused the filing of the instant motion, the court grants Defendant’s request for sanctions in the amount of $560.00 against Plaintiff. Plaintiff Steven Alexander Aguilera shall pay the sanctions to Defendant Dequane Wayne Moss within 30 days of service of notice of ruling.

Defendant to give notice.