Judge: Kerry Bensinger, Case: 22STCV11560, Date: 2024-09-03 Tentative Ruling

Case Number: 22STCV11560    Hearing Date: September 3, 2024    Dept: 31

Tentative Ruling

Judge Kerry Bensinger, Department 31

HEARING DATE:     September 3, 2024                             TRIAL DATE:  November 18, 2024

CASE:                         Jesus Sanchez v. Executive Building Solutions, Inc.

CASE NO.:                 22STCV11560

MOTION FOR AN ORDER DEEMING ADMITTED RESPONSES TO REQUESTS FOR ADMISSION, SET ONE

MOVING PARTY:               Plaintiff Jesus Sanchez

RESPONDING PARTY:     Defendant Executive Building Solutions, Inc.

I.          INTRODUCTION

On June 4, 2024, Plaintiff Jesus Sanchez filed this Motion for an Order Deeming Admitted Defendant Executive Building Solutions, Inc.’s Responses to Plaintiff’s Requests for Admission, Set One (the “Motion”).  Plaintiff seeks sanctions against Defendant. 

On August 21, 2024, Counsel for Defendant filed a declaration indicating that Defendant intends to prepare, file, and serve verified responses to the Requests for Admissions before the scheduled hearing.

            Plaintiff has not filed a reply. 

            Based on the foregoing, the court finds that this motion is MOOT.  The court proceeds to rule on Plaintiff’s request for sanctions.

II.        DISCUSSION & LEGAL STANDARD

¿ ¿          When a party fails to serve a timely response to requests for admission, it is mandatory  that the court impose monetary sanctions on the party or attorney, or both, whose failure necessitated a motion to deem requests for admission admitted.  (Code Civ. Proc., § 2033.280, subd. (c).) 

            Here, it is undisputed that Defendant did not timely serve responses to Plaintiff’s Requests for Admission.  Sanctions are therefore mandatory.  Accordingly, sanctions are imposed against Defendant in the sum of $610, consisting of one hour at Plaintiff’s counsel’s hourly rate and $60 in filing fees.

III.       CONCLUSION

            The motion is Moot.     

            The request for sanctions is Granted.  Defendant Executive Building Solutions, Inc. is ordered to pay sanctions in the amount of $610 to Plaintiff, by and through his counsel, within 30 days of this order.     

Moving party to give notice.  

Dated:   September 3, 2024