Judge: Jon R. Takasugi, Case: 21STCV34193, Date: 2022-10-20 Tentative Ruling

Case Number: 21STCV34193    Hearing Date: October 20, 2022    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Defendant’s motion to have her RFAs deemed admitted as to Plaintiff is GRANTED. Plaintiff is sanctioned, jointly and severally with counsel, $700.00 ($350/hr x 2 hr.)

            On 9/15/2021, Franceso Brescia (Plaintiff) filed suit against KSCI Channel 18 and Eva McKeown (collectively, Defendants) alleging breach of contract.

            Now, Defendant Eva McKeown (Defendant) moves to have her requests for admission (RFAs) deemed admitted against Plaintiff.

            The motion is unopposed.

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. (CCP § 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.” (CCP § 2033.280(c).)  

            Here, Defendant served her RFAs on Plaintiff on 7/29/2022. As such, responses were due within 30 days. To date, Plaintiff has failed to respond, and did not oppose this motion.

            Based on the foregoing, Defendant’s motion to have her RFAs deemed admitted as to Plaintiff is granted. Given Plaintiff’s failure to oppose this motion, the Court is without any substantial justification for this failure and sanctions are therefore warranted. Plaintiff is sanctioned, jointly and severally with counsel, $700.00 ($350/hr x 2 hr.)

It is so ordered.

Dated:  October    , 2022

   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. 

            Due to Covid-19, the court is strongly discouraging in-person appearances.  Parties, counsel, and court reporters present are subject to temperature checks and health inquiries, and will be denied entry if admission could create a public health risk.  The court encourages the parties wishing to argue to appear via L.A. Court Connect.  For more information, please contact the court clerk at (213) 633-0517.  Your understanding during these difficult times is appreciated.