Judge: Jon R. Takasugi, Case: 22STCV06872, Date: 2022-11-01 Tentative Ruling

Case Number: 22STCV06872    Hearing Date: November 1, 2022    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

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

            On 9/30/2022, Plaintiff Junny Kim (Plaintiff) filed suit against Young Hee Lee dba Grace Togo, alleging: (1) failure to pay minimum wage; (2) unpaid overtime; (3) unpaid meal period premiums; (4) unpaid rest period premiums; (5) waiting time penalties; (6) non-compliant wage statements; (7) failure to reimburse business expenses; and (8) violation of Business and Professions Code section 17200.

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

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, Plaintiff served his RFAs on Defendant on 8/18/2022. As such, responses were due by 9/22/2022. To date, Defendant has failed to respond, and did not oppose this motion.

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

It is so ordered.

Dated:  November    , 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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