Judge: Katherine Chilton, Case: 22STLC01784, Date: 2023-03-29 Tentative Ruling

Case Number: 22STLC01784     Hearing Date: March 29, 2023    Dept: 25

PROCEEDINGS:      MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED 

MOVING PARTY:   Plaintiff State Farm Mutual Automobile Insurance Company

RESP. PARTY:         Defendant Manuel Barra/None

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED; REQUEST FOR SANCTIONS  

(CCP § 2033.280)

TENTATIVE RULING:

Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Deem Requests for Admission Admitted is GRANTED. Plaintiff’s request for sanctions is also GRANTED in the amount of $360.00 to be paid by Defendant Manuel Barra and/or his counsel to Plaintiff’s counsel within thirty (30) days of notice of this order.  

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 March 24, 2023    [   ] Late                      [X] None

REPLY:                     None                                                   [   ] Late                      [X] None

ANALYSIS:

I.                Background

Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed this action against Defendant Manuel Barra (“Defendant”) on March 18, 2022. Defendant filed an Answer on November 22, 2022.

On February 2, 2023, Plaintiff filed the instant Motion to Deem Requests for Admission Admitted (the “Motion”). Defendant did not file an opposition.

II.              Legal Standard & Discussion

A. Requests for Admission

A party must respond to requests for admissions within 30 days after service of such requests. (Code Civ. Proc., § 2033.250, subd. (a).)  “If a party to whom requests for admission are directed fails to serve a timely response…(a) [that party] waives any objection to the requests, including one based on privilege or on the protection for work product…” (Code Civ. Proc., § 2033.280, subd. (a).) “The requesting party may 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 Chapter 7.” (Id. at subd. (b).)  A motion dealing with the failure to respond, rather than with inadequate responses, does not require the requesting party to meet and confer with the responding party. (Deymer v. Costa Mesa Mobile Home Estates (1995) 36 Cal.App.4th 393, 395, fn. 4 [disapproved on other grounds in Wilcox v. Birtwhistle (1999) 21 Cal.4th 973]. There is no time limit within which a motion to have matters deemed admitted must be made. (Brigante v. Huang (1993) 20 Cal.App.4th 1569, 1585.)

            Here, Plaintiff electronically served Defendant with Request for Admissions, Set One, on December 5, 2022. (Mot., Espinosa Decl., ¶ 1, Exh. A.) Plaintiff’s counsel granted Defendant’s counsel’s request for an extension, making responses due by January 16, 2023. (Id. at ¶ 2.) To date, no responses have been served upon Plaintiff.  (Id. at ¶ 4.)

            The Court finds Plaintiff is entitled to an order deeming the Requests for Admission, Set One, admitted against Defendant.

            B. Request for Sanctions  

Code of Civil Procedure section 2023.030, subdivision (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 as a result of that conduct. A misuse of the discovery process includes failing to respond or to submit to an authorized method of discovery. (Code Civ. Proc., § 2023.010, subd. (d).) Furthermore, 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.” (Code Civ. Proc., § 2033.280, subd. (c).)

            Here, Plaintiff seeks sanctions of $460.00, based on 2 hours of attorney time billed at $200.00 per hour and one filing fee of $60.00. (Mot., Espinosa Decl., ¶ 5.) The Court finds this amount to be excessive given the simplicity of Motion and the lack of opposition and reply. The Court finds $360.00, based on 1.5 hours of attorney time and one filing fee, to be reasonable. Sanctions are to be paid by Defendant and/or Defendant’s counsel within thirty (30) days of notice of this order.

III.            Conclusion & Order

For the foregoing reasons, Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Deem Requests for Admission Admitted is GRANTED. Plaintiff’s request for sanctions is also GRANTED in the amount of $360.00 to be paid by Defendant Manuel Barra and/or Defendant’s counsel to Plaintiff’s counsel within thirty (30) days of notice of this order. 

Moving party is ordered to give notice.