Judge: Jill Feeney, Case: 19STCV46005, Date: 2022-10-19 Tentative Ruling
Case Number: 19STCV46005 Hearing Date: October 19, 2022 Dept: 30
Department 30, Spring Street Courthouse
October 19, 2022
19STCV46005
Plaintiff’s Motion to Deem RFAs Admitted as to Defendant Maria Vasquez and Request for Sanctions
Plaintiff’s Motion to Deem RFAs Admitted as to Defendant Jose Vasquez and Request for Sanctions
DECISION
Both motions are granted.
The RFAs are deemed admitted.
Sanctions in the amount of $337.50 are imposed against Defendant Jose Vasquez.
Sanctions in the amount of $337.50 are imposed against Defendant Maria Vasquez.
Sanctions are payable within 20 days after the date of this order.
Moving party to provide notice and to file proof of service of such notice within five court days after the date of this order.
Background
This is a subrogation action arising from a vehicle collision which took place in December, 2017 and involved Plaintiff’s insured, Yo Han Kal. Plaintiff filed its Complaint against Defendants Jose Vasquez, Maria Vasquez, and Lazaro Medina Rodriguez on December 19, 2019.
Plaintiff filed the instant motions to deem requests for admissions admitted as to Jose Vasquez and Maria Vasquez on June 23, 2022.
Summary
Moving Arguments
Plaintiff served its Requests for Admissions on Jose Vasquez and Maria Vasquez on March 23, 2022. To date, Plaintiff has not received responses.
Opposing Arguments
None.
Legal Standard
Deem Requests for Admissions Admitted
Where there has been no timely response to requests for admissions, a “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).” The court “shall” grant the motion to deem requests for admission admitted “unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220.” (Code Civ. Proc., § 2033.280(c).)
Sanctions
Sanctions may be imposed for misuse of discovery process. (Code Civ. Proc., § 2023.030, subd. (a). ) Failing to respond or to submit to an authorized method of discovery constitutes a misuse of the discovery process. (Code Civ. Proc., § 2023.010, subd. (d).) Sanctions are mandatory in connection with a motion to deem matters specified in a request for admissions as true and motions to compel responses to interrogatories and requests for production of documents against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel unless the court “finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” (Code Civ. Proc., §§ 2030.290(c), 2031.300(c), 2033.280(c).)
Discussion
Plaintiff moves to deem its Request for Admissions admitted as to Defendant Jose Vasquez and Defendant Maria Vasquez.
Plaintiff is entitled to orders deeming its Request for Admissions admitted. Plaintiff supports its claims with a declaration from Counsel. Plaintiff propounded RFAs, on Jose Vasquez on March 23, 2022. (Corona Decls., ¶4.) After receiving no response, Plaintiff’s Counsel informed Plaintiff via mail that his responses were overdue. (Id., ¶6.) To date, Plaintiff has not received responses to its Request for Admissions. (Id., ¶¶7-9.)
Because Defendants have responded to Plaintiff’s Request for Admissions, Plaintiff’s motions are granted. The genuineness of any documents and the truth of any matters specified in Plaintiff’s motions are admitted.
With respect to sanctions, the Court finds that Defendant Jose Vasquez and Defendant Maria Vasquez have misused the discovery process by failing to respond to Plaintiff’s discovery requests. Plaintiff requests sanctions for three hours of attorney time and filing fees for each motion. However, because these motions were simple and unopposed, the Court awards sanctions in the amount of $337.50 for each motion consisting of 1.5 hours of attorney time at an hourly rate of $185 plus the $60 filing fee.
