Judge: Kristin S. Escalante , Case: 20STCV49898, Date: 2023-06-20 Tentative Ruling



DEPARTMENT 24 - LAW AND MOTION RULINGS
Submission Instructions.


1. Please notify the courtroom staff by email not later than 4:00 p.m. the day before the hearing if you wish to submit on the tentative ruling rather than argue the motion. The email address is SMCDEPT24@lacourt.org. Please do not use any other email address.  You must cc all other parties on the email.

2.  Include the word "SUBMISSION" in all caps in the Subject line and include your name, contact information, case name and number, date of hearing and the party you represent in the body of the email. 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 motions

3. OFF-CALENDAR should appear in all caps in the Subject line where all parties have agreed to have a motion placed off-calendar and parties are ordered to cancel the reservation on CRS. 

4. If all parties submit, the tentative ruling will become the final ruling after the hearing date. The moving party shall give notice of the final ruling.

5.Tentative rulings are not invitations or opportunities to file further documents relative to the hearing before the Court.  Said document(s) will not be considered by the Court.

                          




Case Number: 20STCV49898    Hearing Date: June 21, 2023    Dept: 24

NATURE OF PROCEEDINGS: Hearing on Motion to Deem Request for Admissions Admitted in Plaintiff's First Set of Requests for Admissions, or, Alternatively Compelling Responses thereto

 

TENTATIVE RULING:

The above-captioned matters are called for hearing.

 

The Court has read the moving papers in the above-captioned motions and announces its tentative rulings in open Court.

 

The unopposed Motion to Deem RFA's Admitted in Plaintiff's First Set of Requests for Admissions, or, Alternatively Compelling Responses thereto ID: 588568383077 filed by Plaintiff Hermozo Textile, LLC on 05/17/2023 is GRANTED. Plaintiff Hermozo Textile, LLC’s Request for Admission, Set One served on Defendant James Chul Min are deemed admitted.

 

Plaintiff Hermozo Textile, LLC (“Plaintiff”) moves for an order deeming Plaintiff’s Request for Admission, Set One (“RFA”) propounded on Defendant James Chul Min (“Defendant”) as admitted or alternatively compelling initial responses without objection. (Notice of Mtn., at p. 2.) When a party fails to timely respond to validly served discovery, the serving party may move for an order to compel discovery responses and sanctions. (Code Civ. Proc., §§ 2030.290, subd. (b) [Interrogatories], 2031.300 [RFP], 2033.280 subd. (b) [RFA].)

 

Here, Plaintiff states that it served RFAs on Defendant on March 21, 2023. (Nico Tabibi Declaration [“Tabibi Decl.,”], ¶2, Ex. 1, 2.) Responses were due April 25, 2023. (Tabibi Decl., ¶2.) Counsel for Plaintiff also declares that as of filing the motion, it has not received any responses. (Tabibi Decl., ¶3.) Having no opposition from Defendant rebutting Plaintiff’s showing, the court finds Plaintiff has established Defendant has not responded to validly served discovery.

 

Although sanctions are mandatory, as Plaintiff has neither noticed nor sought sanctions, the court cannot provide them. (See Code Civ. Proc. § 2033.280 subd.(c) [it “is mandatory that the court impose a monetary sanction . . . [for] failure to serve a timely response to request for admission. . .”].) A failure to properly notice a request for sanctions renders the request unsupportable. (See Code Civ. Proc., §2023.040; see also Albrecht v. Superior Court¿(1982) 132 Cal.App.3d 612, 619 [“Notice and an opportunity to be heard must precede deprivations of life, liberty or property.”].) 

 

Accordingly, the motion is granted but the request for sanctions is denied.

 

Moving party is directed to give notice.