Judge Jill Feeney, Case 21STCV29669 2022-09-14 Tentative Ruling

Judge: Jill Feeney, Case: 21STCV29669, Date: 2022-09-14 Tentative Ruling

Case Number: 21STCV29669 Hearing Date: September 14, 2022 Dept: 30

Department 30, Spring Street Courthouse

September 14, 2022

21STCV29669

Motions to Deem Requests for Admissions Admitted filed by Defendant Federal Building Services, Inc

DECISION

Defendant’s Requests for Admission (Set Two) are deemed admitted against Plaintiff.

The Court imposes sanctions in the amount of $760. The sanctions are due within 20 days after the date of this order.

Moving party is ordered 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 an action for premises liability arising from a slip and fall incident which took place in August 2019. Plaintiff Roger Robles filed his Complaint against Defendants South Bay Center Spe, LLC, South Bay Associates, Spe, LLC, Qic Us Management, Inc., and Federal Building services, LLC on August 11, 2021. Plaintiff is currently representing himself.

Defendant Federal Building Services, LLC (“Federal”) filed the instant motion to deem requests for admissions admitted on August 3, 2022.

Summary

Moving Arguments

Defendant served its Request for Admissions, Set Two on Plaintiff at his address at 5410 W. 190th St., Apt. 33, Torrance, CA 90503 on June 10, 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

Federal moves to deem its Request for Admissions, Set Two, admitted.

Federal is entitled to orders deeming its Request for Admissions, Set Two admitted. Federal supports its claims with a declaration from Counsel. Federal propounded RFA, Set Two, on Plaintiff on June 10, 2022 via overnight mail. (Tsao Decl., ¶4.) Responses were due on July 13, 2022 (30 days plus one day due to weekend end date, plus 2 days due to service via overnight mail) (Code Civ. Pro., section 1013, subd. (c).) On July 21, 2022, Counsel mailed a meet and confer letter asking Plaintiff to produce verified responses by July 31, 2022. (Id., ¶7.) Receiving no response, Federal filed its motion to deem requests for admissions admitted.

Because Plaintiff has provided no response to Federal’s Request for Admissions, Set Two, Federal’s motion is granted. The genuineness of any documents and the truth of any matters specified in Federal’s motion are admitted.

With respect to sanctions, the Court finds that Plaintiff has misused the discovery process by failing to respond to Federal’s discovery requests. Federal requests sanctions in the amount of $760 at an hourly rate of $350 an hour for two hours of attorney time preparing the instant motion and for filing fees. (Tsao Decl., ¶9.) The Court awards Federal the requested sanctions.