Judge: Gary Y. Tanaka, Case: 20TRCV00831, Date: 2022-09-01 Tentative Ruling
Case Number: 20TRCV00831 Hearing Date: September 1, 2022 Dept: B
LOS ANGELES SUPERIOR COURT – SOUTHWEST DISTRICT
Honorable Gary Y. Tanaka Thursday, September 1, 2022
Department B Calendar No. 5
PROCEEDINGS
David Shiokari, Jr., et al. v. Nobuko Shiokari, et al.
20TRCV00831
Kenneth Shiokari’s Motion to Deem Facts Admitted as to Requests for Admissions Propounded to David Shiokari, Jr. and Request for Sanctions
Kenneth Shiokari’s Motion to Deem Facts Admitted as to Requests for Admissions Propounded to Victoria Shiokari and Request for Sanctions
TENTATIVE RULING
Kenneth Shiokari’s Motions to Deem Facts Admitted as to Requests for Admissions Propounded to David Shiokari, Jr. and Victoria Shiokari, and Requests for Sanctions are granted.
Background
Plaintiffs filed their Complaint on November 12, 2020. Plaintiffs’ operative First Amended Complaint was filed on August 17, 2021. Plaintiffs allege the following facts. Plaintiff David Shiokari, Jr. is the grandson of Defendant Nobaru Shiokari. Plaintiff Victoria Shiokari is David Shiokari, Jr.’s mother. (The Court notes that this Plaintiff is referred to as both Victoria Shiokari and Vicky Shiokari.) Defendants Kenneth and Stan Shiokari are Defendant Nobaru Shiokari’s sons, the brothers of David Shiokari, Sr., David Shiokari, Jr.’s father, and, thus, apparently David Shiokari, Jr.’s uncles. Defendants promised to provide health insurance for the family including all grandchildren until they reached the age of 26. Defendants failed to keep their promise. Plaintiffs allege the following causes of action: 1. Breach of Oral Contract; 2. IIED; 3. IIED; 4. Fraud; 5. False Promise. Defendants’ operative First Amended Cross-Complaint was filed on August 9, 2022.
Motions to Deem Admitted
CCP § 2033.280(b) states: “The requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction under Chapter 7 (commencing with Section 2023.010).” (CCP § 2033.280(b))
On December 22, 2021, Defendant served Requests for Admissions, Set One, upon Plaintiffs. On January 21, 2021, Plaintiffs served unverified responses. (Decl., Patricia Cymerman, Exs. A, B.) Unverified responses are tantamount to no responses at all. See, Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636.
Thus, Defendants’ Motions to Deem Requests for Admissions Admitted are granted. Defendant’s Requests for Admissions as to David Shiokari and Victoria Shiokari are deemed admitted.
Sanctions
Defendant’s requests for monetary sanctions are granted. As to Motions to Deem Requests for Admissions admitted, it is mandatory to impose monetary sanctions on a party and/or attorney whose failure to serve a timely response necessitated the filing of the motion. CCP § 2033.280(c).
Sanctions are awarded in favor of Defendants and against Plaintiffs David Shiokari and Victoria Shiokari and Plaintiffs’ counsel in the total amount of $1,720.00. The hourly rate sought of $400 is a reasonable rate. The time allotted for preparation and appearance was 4 hours. Defendant was also awarded $120 in filing fees. Sanctions are payable within 30 days of this date.
Defendant is ordered to give notice of this ruling.