Judge: Joel L. Lofton, Case: 23AHCV00036, Date: 2023-05-18 Tentative Ruling

Case Number: 23AHCV00036    Hearing Date: May 18, 2023    Dept: X

   Tentative Ruling

Judge Joel L. Lofton, Department X

HEARING DATE:     May 18, 2023                          TRIAL DATE: No date set.

CASE:                         GUADALUPE RUIZ, an individual, v. GENERAL MOTORS, LLC, and DOES 1 through 10, inclusive.  

CASE NO.:                 23AHCV00036

MOTION TO DEEM ADMITTED

MOVING PARTY:               Plaintiff Guadalupe Ruiz

RESPONDING PARTY:      Defendant General Motors, LLC

SERVICE:                              Filed April 20, 2023

OPPOSITION:                       Filed May 5, 2023

REPLY:                                   Filed May 10, 2023

RELIEF REQUESTED

            Plaintiff moves for an order deeming the truth of the matters asserted in her requests for admissions admitted.

BACKGROUND

             This case arises out of Plaintiff Guadalupe Ruiz’s (“Plaintiff”) lemon law claim. Plaintiff alleges on or about February 11, 2021, she purchased a 2021 GMC Sierra, VIN 3GTP8BEDXMG230449 (“Subject Vehicle”). Plaintiff filed this complaint on January 5, 2023.

TENTATIVE RULING

            Plaintiff’s motion to deem admitted is DENIED.

            Plaintiff’s requests for sanctions is granted in the amount of $1,235.

LEGAL STANDARD

Code of Civil Procedure section 2033.280, subdivision (b), provides that if a party fails to respond to a request for admission, “[t]he 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”.

DISCUSSION

             Plaintiff moves for an order deeming the truth of the matters asserted in her requests for admissions admitted. Plaintiff provides that she served her first set of requests for admissions on January 31, 2023. (Sanjur-Van Brande Decl. ¶ 2.) Plaintiff provides that Defendant’s responses were due March 7, 2023, but Defendant failed to respond. (Id. ¶ 3.) In opposition, Defendant provides that it served its responses to Plaintiff’s requests for admission on April 28, 2023. (Brar Decl. ¶ 7.)

            Because Defendant has served its responses prior to hearing on this motion, Plaintiff’s requests to deem admitted is denied.

            Sanctions

            Plaintiff also seeks sanctions totaling $2,470.

            Code of Civil Procedure section 2033.280, subdivision (c), provides: “It is mandatory that the court impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.”

            Here, because Defendant failed to provide timely responses, sanctions are warranted. Defendant is ordered to pay $1,235 in sanctions.

CONCLUSION

            Plaintiff’s motion to deem admitted is DENIED.

            Plaintiff’s requests for sanctions is granted in the amount of $1,235.

            Moving Party to give notice.

Dated:   May 18, 2023                                                ___________________________________

                                                                                    Joel L. Lofton

                                                                                    Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court indicating their

intention to submit.  Parties intending to appear are strongly encouraged to appear remotely.  alhdeptx@lacourt.org