Judge: Gary Y. Tanaka, Case: 23TRCV00002, Date: 2023-03-06 Tentative Ruling

Case Number: 23TRCV00002    Hearing Date: March 6, 2023    Dept: B

LOS ANGELES SUPERIOR COURT – SOUTHWEST DISTRICT

 

Honorable Gary Y. Tanaka                                                                                            Monday, March 6, 2023

Department B                                                                                                                               Calendar No.   

 

 

PROCEEDINGS

 

Marlow Family, LLC, et al. v. Air Gourmet, Inc., et al.   

23TRCV00002

1.      Marlow Family, LLC’s Motion for Order Deeming Admitted Truth of Facts and Genuineness of Documents and Imposing Monetary Costs

 

TENTATIVE RULING


Marlow Family, LLC’s Motion for Order Deeming Admitted Truth of Facts and Genuineness of Documents and Imposing Monetary Costs is denied, in part, and granted, in part.

 

Background

 

Plaintiffs’ Complaint was filed on January 3, 2023.  This is a commercial unlawful detainer action.

 

Motion to Deem Admitted Requests for Admissions

 

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 January 27, 2023, Plaintiff served Requests for Admissions, Set One, upon Defendant Air Gourmet, Inc.  Defendant failed to serve responses.  (Declaration, Bahij J. Joseph, ¶¶ 2-3.)  Defendant filed a written opposition to Plaintiff’s Ex Parte Application to advance the instant motion which shows that the responses were served on February 9, 2023.  (Defendant’s Exhibit C.)

 

Thus, Plaintiff’s Motion to Deem Requests for Admissions Admitted is denied because the responses are in sufficient compliance with Section 2033.220.  Code Civ. Proc., § 2033.280(c).                     

 

Sanctions

 

Plaintiff’s request for monetary sanctions is granted.  As to a Motion to Deem Requests for Admissions Admitted, generally, 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 the sum of $63.90, against Defendant, only, payable to moving party within 30 days of this date.

 

Plaintiff is ordered to give notice of this ruling.