Judge: Jon R. Takasugi, Case: 21STCV43327, Date: 2022-08-24 Tentative Ruling

Case Number: 21STCV43327    Hearing Date: August 24, 2022    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Plaintiffs’ motion to have their RFAs deemed admitted is MOOT. Defendant is sanctioned $700.00.           

            On 11/24/2021, Plaintiffs Maggie Jansezian aka Maguy V. Jansezian and Rafi Kardalian (collectively, Plaintiffs) filed suit against Silva Khardalian, alleging: (1) malicious prosecution; (2) abuse of process; (3) intentional infliction of emotional distress; and (4) slander of title.

             Now, Plaintiffs move to have their request for admission (RFA) deemed admitted as to Defendant.

Discussion

            On 1/24/2022, Plaintiff served RFAs on Defendant. While responses were due on 2/23/2022, Plaintiffs granted four extensions. The last extension, requested on 4/5/2022, expired on 4/20/2022.

            While no responses had been received to date, Defendant filed an opposition on 8/19/22 indicating that responses had finally been provided. (CCP §2033.220.)

            As such, by providing substantially code-complaint responses, Plaintiffs’ motion is now moot. However, Defendant’s failure to timely serve RFAs still necessitated this motion. As such, sanctions are warranted. (CCP §2033.220, subd. (c).) (“It is mandatory that the court impose a monetary sanction…on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.) Defendant and counsel are sanctioned, jointly and severally, $700.00. ($350/hr x 2 hr.)

It is so ordered.

Dated:  August    , 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. 

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