Judge: Latrice A. G. Byrdsong, Case: 21STLC00699, Date: 2023-11-16 Tentative Ruling
Case Number: 21STLC00699 Hearing Date: November 16, 2023 Dept: 25
Hearing Date: Thursday, November 16, 2023
Case Name: SUSANA
FLORES v. ARTHUR KARABOULOUTIAN, et al.
Case No.: 21STLC00699
Motion: Motion to Deem RFAs Admitted
Moving Party: Defendants
Arthur Karabouloutian, Ovik Karabouloutian and Gayane Gevorkyan
Responding Party: None as of November 14, 2023
Notice: OK
Defendants request for sanctions in the amount of $352.28 is GRANTED. Plaintiff is ordered to pay monetary sanctions in the amount of $352.28 to Defendants within thirty (30) days of notice of this Court’s ruling.
BACKGROUND
On
January 25, 2021, Plaintiff filed this action against Defendants Arthur Karabouloutian,
Ovik Karabouloutian and Gayane Gevorkyan alleging (1) Motor Vehicle; and (2)
General Negligence. Plaintiff alleges
she was involved in an auto v. auto accident with a vehicle driven by Defendant
Arthur Karabouloutian and owned by Ovik Karabouloutian. Plaintiff alleges the vehicle was entrusted
to Arthur by Defendants Ovik Karabouloutian and Gayane Gevorkyan.
MOVING PARTY
POSITION
Defendants
argue they served RFAs on Plaintiff on April 26, 2023 and no responses were
served. Defendants ask that the Court
deem the RFAs admitted pursuant to CCP §2033.280 and impose sanctions against
Plaintiff in the amount of $352.28.
OPPOSITION
None as of
November 14, 2023.
REPLY
None as of
November 14, 2023.
ANALYSIS
CCP §2033.280
If a party to whom requests for admission are directed fails
to serve a timely response, the following rules apply:
(a) The party to whom the requests for admission are
directed waives any objection to the requests, including one based on privilege
or on the protection for work product under Chapter 4 (commencing with Section
2018.010). The court, on motion, may relieve that party from this waiver on its
determination that both of the following conditions are satisfied:
(1) The
party has subsequently served a response that is in substantial compliance with
Sections 2033.210, 2033.220, and 2033.230.
(2) The
party's failure to serve a timely response was the result of mistake,
inadvertence, or excusable neglect.
(b) 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
(commencing with Section 2023.010).
(c) The court shall make this order, unless it 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. It 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.
Defendants
served Plaintiff with RFAs on April 16, 2023.
(Motion, Conforti Dec., ¶2.)
Defendant never received any responses and contacted Plaintiff regarding
the RFAs. (Id. at ¶3.) Plaintiff responded that she could not
respond to the RFAs, because she did not have legal representation. (Id. at ¶4.) No responses have been received as of October
20, 2023, nor has Plaintiff filed any opposition indicating why a proposed
response to the RFAs in substantial compliance with CCP §2033.220 has not been
provided.
Defendants also ask that sanctions
be imposed on Plaintiff in the amount of $352.28 (1 hour motion prep, 1 hour
hearing attendance @ $146.14/hr plus $60 filing fee).
CONCLUSION
Defendants’
request for sanctions is GRANTED pursuant to CCP §2033.280(c). Plaintiff is ordered to pay monetary sanctions
in the amount of $352.28 to Defendants within thirty (30) days of notice of this Court’s
ruling.
Moving Party is ordered to give notice.