SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

 

On August 12, 2022, Plaintiff Robert Diamond (“Plaintiff”) filed this action against Defendant Joann Serrano (“Defendant”) for injuries arising from a motor vehicle accident. 

Plaintiff filed the instant Motion to deem admitted Requests for Admission (Set One) (the “Requests”), which was propounded on Defendant. 

On December 23, 2022, the Court held a hearing for the instant Motion, which was ultimately continued because Defendant’s counsel represented that the responses to the Requests had been served prior to the hearing.  At that time, the Court issued a minute order stating that Defendant’s counsel had failed to provide evidence to show that the responses had been served, so the Court continued the motion to determine if the Motion was moot, in light of Defendant’s counsel’s representation.  The Court also noted that Defendant’s counsel had submitted to the sanctions portion of the Court’s tentative ruling, which imposed sanctions against Defendant and her counsel of record, jointly and severally, in the amount of $310.  Further, the Court set an OSC Re: Why Plaintiff’s Counsel should not be sanctioned $500 for failure to appear at the December 23, 2022 hearing.1 

Deem Admitted Monetary Sanctions  

Plaintiff’s counsel filed a declaration stating that Defendant had provided response to the Request on December 19, 2022, and that the Motion is moot. 

Thus, the Court finds that Plaintiff’s Motion is MOOT. 

Monetary Sanctions 

Where a party fails to provide a timely response to requests for admission, “[i]t is mandatory that the court impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) 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).) 

As stated above, Defendant’s counsel conceded that sanctions were appropriate, and are mandatory when the failure to serve timely responses to requests for admission necessitated a motion. 

Therefore, Plaintiff’s request for sanctions is GRANTED.  Sanctions are imposed against Defendant and her counsel of record, jointly and severally, in the amount of $310, consisting of 1 hour at Plaintiff’s counsel’s hourly rate of $250 and a $60 filing fee, to be paid within 20 days of the date of this order. 

Moving party to give notice. 

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar. 

    Dated this 1st day of February 2023