Judge: Katherine Chilton, Case: 21STLC09006, Date: 2022-09-08 Tentative Ruling

Case Number: 21STLC09006     Hearing Date: September 8, 2022    Dept: 25

PROCEEDINGS:      MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED; REQUEST FOR SANCTIONS

MOVING PARTY:   Plaintiff Farmers Insurance Exchange

RESP. PARTY:         None

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED;

REQUEST FOR SANCTIONS

(CCP § 2033.280)

TENTATIVE RULING:

Plaintiff Farmers Insurance Exchange’s Motion to Deem Requests for Admission Admitted is GRANTED.  Plaintiff’s request for sanctions is GRANTED in the amount of $510.00, to be paid to Plaintiff’s counsel within twenty (20) days notice of this order.

SERVICE: 

[   ] Proof of Service Timely Filed (CRC, rule 3.1300)                 OK

[   ] Correct Address (CCP §§ 1013, 1013a)                                                 OK

[   ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b))                     OK

OPPOSITION:          None filed as of September 1, 2022.                       [   ] Late                      [X] None

REPLY:                     None filed as of September 1, 2022.                       [   ] Late                      [X] None

ANALYSIS:  

I.                Background

On December 21, 2021, Plaintiff Farmers Insurance Exchange (“Plaintiff”) filed an action against Defendant Adriana Montoya (“Defendant”) arising out of a motor vehicle accident.  On January 25, 2022, Defendant filed an Answer.

On July 22, 2022, Plaintiff filed the instant Motion to Deem Requests for Admission Admitted (“the Motion”) and requested that the Court impose sanctions of $660.00 for fees and costs of bringing the instant Motion.

No opposition was filed.

II.              Legal Standard & Discussion

A.    Requests for Admission

Under Code of Civil Procedure 2033.280(b), failure to respond to requests for admission in a timely manner allows the requesting party to “move for an order that…the truth of any matters specified in the requests be deemed admitted” by the party that failed to respond.  The requesting party’s motion must be granted by the court, “unless [the court] finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220.”  (Code Civ. Proc. § 2033.280(c).)  Since such motion is in response to failure to respond, there is no requirement to meet and confer prior to moving to deem the requests for admission admitted.  (See Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007), 148 Cal.App.4th 390, 411.). By failing to timely respond, the party to whom the requests are directed waives any objection to the requests, including one based on privilege or work product. (Code Civ. Pro. § 2033.280(a).)

Here, Plaintiff served Requests for Admission, Set One, on Defendant on May 6, 2022.  (Taylor Decl. ¶ 2; Ex. 1.)  Defendant did not serve a timely response by the deadline, June 10, 2022, so Plaintiff’s counsel sent a letter to defense counsel requesting that verified responses be provided within ten (10) days of the date of the letter.  (Taylor Decl. ¶¶ 3-4; Ex. 2.)  According to Plaintiff’s counsel, Defendant did not submit any responses as of the date of the Motion filed on July 22, 2022.  (Ibid. at ¶ 5.)  As a result, Plaintiff filed the instant Motion.

Since Plaintiff has demonstrated that Defendant failed to respond to the Requests for Admission, well beyond the deadline of June 10, 2022, the Court deems the truth of the statements in the Request for Admissions admitted.

B.    Sanctions

Pursuant to Code of Civil Procedure 2023.030(a), monetary sanctions may be imposed on a party that engages in the misuse of the discovery process.  Misuse of discovery includes “failing to respond or submit to an authorized method of discovery.”  (Code Civ. Proc. § 2023.010(d)).  Furthermore, courts are obligated to impose monetary sanctions in cases where a “failure to serve a timely response to requests for admission necessitated this motion.”  (Code Civ. Proc. § 2033.280(c).)  Sanctions are calculated based on “reasonable expenses, including attorney’s fees, incurred by anyone as a result of that conduct.”  (Ibid. § 2023.030(a)).

Here, Plaintiff seeks $660.00 in monetary sanctions, based on 2 hours of attorney time in drafting the motion and attending the hearing, at a rate of $300.00 per hour, plus filing fees of $60.00.  (Taylor Decl. ¶ 6.)

The Court finds one hour (1.0) of attorney time to draft the motion and a half hour (0.5) of time for attending the hearing reasonable.  Plaintiff’s request for sanctions is GRANTED in the amount of $510.00.

III.            Conclusion & Order

For the foregoing reasons,

Plaintiff Farmer Insurance Exchange’s Motion to Deem Requests for Admission Admitted is GRANTED.  Plaintiff’s request for sanctions is GRANTED in the amount of $510.00, to be paid to Plaintiff’s counsel within twenty (20) days’ notice of this order.

Moving party is ordered to give notice.