Judge: Katherine Chilton, Case: 22STLC04445, Date: 2023-04-20 Tentative Ruling

Case Number: 22STLC04445    Hearing Date: April 20, 2023    Dept: 25

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

MOVING PARTY:   Plaintiff State Farm Mutual Automobile Insurance Company

RESP. PARTY:         None

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED;

REQUEST FOR SANCTIONS

(CCP §§ 2023.010 et seq., 1170.8.)

TENTATIVE RULING:

Plaintiff State Farm’s Motion for Order Deeming its Requests for Admissions Admitted is GRANTED.  Plaintiff’s Request for Sanctions in the amount of $660.00 is also GRANTED.

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 April 17, 2023.               [   ] Late                      [X] None

REPLY:                     None filed as of April 17, 2023.               [   ] Late                      [X] None

ANALYSIS:  

I.                Background

On July 5, 2022, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed an action against Defendant Brian M. Montejano (“Defendant”) seeking damages of $16,179.19.

On September 21, 2022, Defendant filed an Answer to the Complaint.

On March 8, 2023, Plaintiff filed the instant Motion for Order Deeming its Requests for Admissions Admitted and Request for Monetary Sanctions (“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)).  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).)

Plaintiff served Requests for Admission, Set One, on Defendant on September 30, 2022.  (Cicione Decl. ¶ 2, Ex. 1.)  Responses were due on November 1, 2022.  (Ibid.)  On November 15, 2022, Plaintiff’s counsel sent a letter requesting that Defendant submit verified responses, without objections, within 10 days of the date of the letter.  (Ibid., Ex. 2.)  On January 20, 2023, defense counsel requested a two-week extension, which Plaintiff’s counsel granted; however, Defendant did not serve any responses.  (Ibid.)

The Court finds that Plaintiff has demonstrated that it has propounded requests for admission on Defendant and Defendant has not provided any responses.  Although Plaintiff was not obligated to meet and confer with Defendant, Plaintiff’s counsel has attempted to resolve the issue informally.

Accordingly, Plaintiff’s Motion for Order Deeming its Requests for Admissions Admitted is GRANTED.

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 as follows: two (2) hours for Plaintiff’s counsel to draft the motion and attend the hearing, at an hourly rate of $300.00 per hour, plus court filing fees of $60.00.  (Cicione Decl. ¶ 3.)

Given that Plaintiff’s Motion is granted and the request for attorney’s fees and costs is reasonable, the Court GRANTS Plaintiff’s request for monetary sanctions in the amount of $660.00.

III.            Conclusion & Order

For the foregoing reasons,

Plaintiff State Farm’s Motion for Order Deeming its Requests for Admissions Admitted is GRANTED.  Plaintiff’s Request for Sanctions in the amount of $660.00 is also GRANTED.

Moving party is ordered to give notice.