Judge: Jon R. Takasugi, Case: 21STCV13830, Date: 2023-05-11 Tentative Ruling

Case Number: 21STCV13830    Hearing Date: May 11, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Defendant’s motions to have its RFAs (Set One) admitted against Plaintiffs are GRANTED. Plaintiffs, who are representing themselves in propria persona, are each sanctioned $700.00.

            On 4/12/2021, Plaintiffs Allison Madina and Eric Fleming (collectively, Plaintiffs) filed suit against Excel Residential Service, Inc., alleging: (1) breach of warranty of habitability; (2) violation of Civil Code section 1941; (3) violation of Civil Code section 1941.1; (4) gross/willful negligence; (5) negligent infliction of emotional distress; (6) property damage; (7) declaratory relief; and (8) injunctive relief.

            Now, Defendant moves to have its Requests for Admission (RFAs) (Set One) admitted against Plaintiffs.

Discussion

The propounder of RFAs must “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 § 2023.010 et seq. (Code Civ. Proc., § 2033.280(b).) The court “shall” grant the motion “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 . . .  in substantial compliance with Section 2033.220.” (Code Civ. Proc., § 2033.280(c).)  

On 1/18/2023, Defendant served both Plaintiffs with RFAs (Set One). (Campain Decl., ¶ 3, Exh. A.) Accordingly, Plaintiffs’ responses were due on 2/22/2023. To date, no responses have been received, and Plaintiffs did not oppose this motion.

Based on the foregoing, Defendant’s motions to have its RFAs (Set One) admitted against Plaintiffs are granted. Plaintiffs, who are representing themselves in propria persona, are each sanctioned $700.00. ($350/hr x 2 hr.)

It is so ordered.

Dated:  May    , 2023

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. 

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