Judge: Glenn R. Salter, Case: 20-1137359, Date: 2022-08-18 Tentative Ruling

The Carlson defendants filed a motion to deem admitted Request for Admission (Set One), and for monetary sanctions, against the plaintiff.

The plaintiff did not file timely opposition.  But on August 16, 2022, he filed an opposition (see ROA 101) that stated that on August 15, 2022, he served verified responses to the Request for Admissions (and other discovery), the motion is thus moot, but the defendants have refused to take the matter off calendar.  According to the defendants, the Request for Admissions (Set One) was served May 10, 2022; and according to the court’s file, the motion was filed July 14, 2022.  (See ROA 78.)  The defendants also state that a June 24, 2022 letter addressed to plaintiff’s counsel about this discovery was never responded to.

Code of Civil Procedure section 2033.280 sets forth the rules the court must follow when a party fails to serve timely responses to requests for admission.  Neither side addresses this statute and whether any objections have been waived here.  Further, the plaintiff fails to offer any explanation in the opposition (including his declaration) as to why the responses were not timely served, thereby necessitating this motion.

Even though verified responses have been filed, subdivision (c) of section 2033.280 states in pertinent part:  “It is mandatory that the court impose a monetary sanction [] on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.”  (Emphasis added.)

Therefore, based on the facts available to the court and in accordance with the mandates of subdivision (c) of section 2033.280, the plaintiff is ORDERED to pay monetary sanctions of $468 to the moving defendants within 20 days of the hearing date.

The court also notes that further discovery motions have been scheduled by the defendants for September 1, 2022 (although at least one may now be moot), defendants’ motion for summary judgment is scheduled for October 13, 2022, and a jury trial is now scheduled for February 21, 2023.

The moving defendants shall give notice.