Judge: Jon R. Takasugi, Case: 23STCV20504, Date: 2024-09-20 Tentative Ruling

Case Number: 23STCV20504    Hearing Date: September 20, 2024    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Plaintiff’s motion is MOOT. Defendant is sanctioned, jointly and severally with counsel, $350.00 payable within 30 days.

            On 8/25/2024, Plaintiff Claudia Maria Nunez (Plaintiff) filed suit against FCA US LLC (Defendant), alleging: (1) breach of express warranty; (2) breach of implied warranty; (3) violation of Song-Beverly Act section 1793.2; (4) violation of Tanner Consumer Protection Act.

            On 6/21/2024, Plaintiff moved to have its Requests for Admission (RFAs) (Set One) deemed admitted as to Defendant.

Discussion

            On 11/17/2023, Plaintiff served Defendant with RFAs (Set One). Despite responses being due on or before 12/22/2023, no such responses were received.

            In opposition, Defendant indicated that responses were served on 9/4/2024. Accordingly, the substance off Plaintiff’s motion is moot.

Defendant also contended that its failure to timely respond was due to excusable mistake: “Amidst the exponential increase in Song-Beverly matters, a substantial increase in emails contributed to the oversight. While there are protocols in place to try to avoid such errors, this is the type of excusable human error can occasionally occur, especially in light of the overwhelming increase in emails related to the unlimited growth of volume in these matters. As a result, the error in failing to provide timely responses went unnoticed and the deadline lapsed.” (Opp., 5: 12-16.)

However, if this were sufficient to meet the substantial justification standard for sanctions, sanctions would only be appropriate for bad faith failures to respond. Here, Defendant failed to timely respond by nearly nine months, and only provided responses after this motion was filed. Accordingly, sanctions are appropriate.

            Based on the foregoing, Plaintiff’s motion is moot. Defendant is sanctioned, jointly and severally with counsel, $350.00. ($350/hr x 1 hr.)

It is so ordered.

Dated:  September    , 2024

   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.  For more information, please contact the court clerk at (213) 633-0517.