Judge: Katherine Chilton, Case: 22STLC00575, Date: 2022-09-20 Tentative Ruling

Case Number: 22STLC00575     Hearing Date: September 20, 2022    Dept: 25

PROCEEDINGS:      MOTION FOR ORDER DEEMING ADMITTED TRUTH OF FACTS and IMPOSING MONETARY SANCTIONS AS TO PLAINTIFF AVI AMAR

MOVING PARTY:   Defendant Ted Wass

RESP. PARTY:         None

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED

(CCP § 2033.280)

TENTATIVE RULING:

Defendant Ted Wass’s Motion For Order Deeming Admitted Truth of Facts and Imposing Monetary Sanctions as to Plaintiff Avi Amar is GRANTED.  Defendant’s Request for Sanctions in the amount of $585.00 is also GRANTED.

SERVICE: 

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

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

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

OPPOSITION:          None filed as of September 19, 2022.         [   ] Late                      [X] None

REPLY:                     None filed as of September 19, 2022.                     [   ] Late                      [X] None

ANALYSIS:

I.                Background

On January 27, 2022, Plaintiffs Avi Amar (“Avi”) and Alisa Amar (“Alisa”) (collectively “Plaintiffs”) filed an action against Defendant Ted Wass (“Defendant”) arising out of a motor vehicle accident between Plaintiffs, on one hand, and Defendant, on the other hand, which allegedly took place on January 7, 2022.

On May 11, Defendant filed an Answer, as well as a Cross-Complaint against Moes 1 through 25 for (1) breach of written contract, (2) express indemnity, (3) total equitable indemnity, (4) partial equitable indemnity, (5) contribution and repayment, (6) declaratory relief, and (7) negligence.

On August 22, 2022, Defendant filed the following instant Motion For Order Deeming Admitted Truth of Facts and Imposing Monetary Sanctions as to Plaintiff Avi Amar (“Motion”).

No opposition was filed. 

II.              Legal Standard & Discussion

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)).

On April 21, 2022, Defendant served Plaintiff Avi with Requests for Admission, Set One.  (Mot. RFAs – Sandler Decl. ¶ 2.)  Responses were due on May 27, 2022.  (Ibid. at ¶ 3.)  On June 6, 2022, defense counsel sent a letter to Plaintiff’s counsel requesting responses to be served by June 15, 2022.  (Ibid. at ¶ 4.)  Defense counsel once again reached out to Plaintiff’s attorney on June 20, 2022, requesting responses to be served by June 27, 2022.  (Ibid. at ¶ 5.)  As of the date of the Motion, Defendant has not received any responses from Plaintiff Avi to the Requests for Admission.  (Ibid. at ¶ 6.)

Since Defendant has demonstrated that Plaintiff Avi failed to respond to the Requests for Admission, even after extensions were given, the Court deems the truth of the statements in the Request for Admissions admitted. 

A.    Sanctions

Code of Civil Procedure § 2023.030(a) provides, in pertinent part, that the court may impose a monetary sanction on a party engaging in the misuse of the discovery process to pay the reasonable expenses, including attorney’s fees, incurred by anyone because of that conduct.  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.”  (Ibid.)  Sanctions are calculated based on “reasonable expenses, including attorney’s fees, incurred by anyone as a result of that conduct.”  (Ibid. § 2023.030(a)).

Defendant requests $585.00 in sanctions for the Motion, as follows: two (2) hours in preparing the motion at a rate of $175.00 per hour, one (1) hour to attend the hearing on the motion, and $60.00 for filing fees.  (Mot. RFAs – Sandler Decl. at ¶¶ 7-8.)

The Court finds the Defendant’s request to be reasonable.  Since the Defendant’s Motion for Order Deeming Admitted Truth of Facts and Imposing Monetary Sanctions as to Plaintiff Avi Amar is GRANTED, the Request for Sanctions is also GRANTED. 

III.            Conclusion & Order

Defendant Ted Wass’s Motion For an Order Deeming Admitted Truth of Facts and Imposing Monetary Sanctions as to Plaintiff Avi Amar is GRANTED and Request for Sanctions in the amount of $585.00 is also GRANTED.

Moving party is ordered to give notice.