Judge: Frank M. Tavelman, Case: 23BBCV01146, Date: 2024-02-23 Tentative Ruling

Case Number: 23BBCV01146    Hearing Date: February 23, 2024    Dept: A

LOS ANGELES SUPERIOR COURT

NORTH CENTRAL DISTRICT - BURBANK

DEPARTMENT A

MOTION TO DEEM RFA MATTERS ADMITTED

NOTICE:

The Court is not requesting oral argument on this matter.  Pursuant to California Rules of Court, Rule 3.1308(a)(1) notice of intent to appear is required.  Unless the Court directs argument in the Tentative Ruling, no argument will be permitted unless a “party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party’s intention to appear and argue.  The tentative ruling will become the ruling of the court if no notice of intent to appear is received.”  

Notice may be given either by email at BurDeptA@LACourt.org or by telephone at (818) 260-8412.

ALLEGATIONS: 

NHP/PMB Burbank Medical Plaza II, LLC (Plaintiff) brings this action against Salem Neurological Associates (Defendant). Plaintiff alleges that Defendant failed to pay rent pursuant to a commercial lease agreement between the parties. Plaintiff seeks damages in the amount of $168,913.64.

Before the Court is a motion brought by Plaintiff to deem matters in their Request for Admissions (RFA) admitted. Defendant has provided no opposition to this motion.

ANALYSIS: 

I.                    LEGAL STANDARD 

If a party fails to respond to requests for admission in a timely manner, the requesting party may move for an order that the matters be deemed admitted. (C.C.P. § 2033.280(b).) The requesting party’s motion must be granted by the court unless the party to whom the requests for admission have been directed has served a proposed response to the requests for admission that is in substantial compliance with C.C.P. § 2033.220 prior to the hearing.  (C.C.P. § 2033.280(c).)  By failing to timely respond, the party to whom the requests are directed waives any objection to the requests, including one based on privilege or work product.  (C.C.P. § 2033.280(a).) 

The Court shall impose monetary sanctions for failure to timely respond to requests for admission unless the party acted with substantial justification, or the circumstances render imposition of sanctions unjust. (C.C.P. § 2033.280(c).) The Court must impose a monetary sanction on the party or attorney whose failure to serve timely Requests for Admission responses necessitated the motion. (Id.)

II.                 MERITS

On September 27, 2023, Plaintiff served their RFA via email on Defendant’s counsel, Alfred Joseph Verdi. (Freedman Decl. ¶ 4, Exh. B.) Plaintiff states that as of the date of filing this motion, no responses to the RFA have been received. (Freedman Decl. ¶ 5.) The Court notes that Defendant has rendered no opposition to this motion. A failure to oppose a motion may be deemed a consent to the granting of the motion. (California Rules of Court, Rule 8.54(c).) Plaintiff has propounded its RFAs, and Defendant has served no proposed response in substantial compliance with C.C.P. § 2033.20. As such, the Court finds the unopposed motion to deem RFA matters admitted must be GRANTED.

Sanctions

Plaintiff states that they have incurred the sum of $1,625.00 in preparing and filing this motion and seeks sanctions in that amount. (Freedman Decl. ¶ 6.) The Court notes that the declaration of Plaintiff’s counsel is devoid of an accounting for time spent preparing the motion. The declaration also lacks any statement as to the hourly rate of Plaintiff’s counsel. Without these statements, the Court is unable to determine the reasonable nature of Plaintiff’s requested sanctions. Given that sanctions are mandatory by statute, the Court awards sanctions in the amount of $700. The Court finds this amount reasonable given the relatively simple nature of the motion and the lack of opposition. Sanctions are awarded against Defendant and Defendant’s counsel jointly and severally.

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RULING:

In the event the parties submit on this tentative ruling, or a party requests a signed order or the court in its discretion elects to sign a formal order, the following form will be either electronically signed or signed in hard copy and entered into the court’s records. 

ORDER 

NHP/PMB Burbank Medical Plaza II, LLC’s Motion to Deem Request for Admissions Matters Admitted came on regularly for hearing on February 23, 2024, with appearances/submissions as noted in the minute order for said hearing, and the court, being fully advised in the premises, did then and there rule as follows: 

THE MOTION TO DEEM RFA MATTERS ADMITTED IS GRANTED.

SANCTIONS ARE AWARDED IN THE AMOUNT OF $700. SANCTIONS ARE AWARDED JOINTLY AND SEVERALLY AGAINST DEFENDANT AND DEFENDANT’S COUNSEL.

SANCTIONS TO BE PAID WITHIN 30 DAYS.

UNLESS ALL PARTIES WAIVE NOTICE, PLAINTIFF IS TO GIVE NOTICE.

IT IS SO ORDERED. 

DATE:  February 23, 2024                            _______________________________ 

                                                                        F.M. Tavelman, Judge 

Superior Court of California 

County of Los Angeles