Judge: Layne H. Melzer, Case: 2022-01258320, Date: 2023-06-15 Tentative Ruling

Petitioner Indian Harbor Insurance Company

1. Motion to Compel Response to Requests for Admissions
2. Order to Show Cause re: Monetary Sanctions
3. Status Conference

Petitioner Indian Harbor Insurance Company’s motion for order deeming admitted the requests for admission, set one, that it served on respondent Nychole Antillon is granted.  Petitioner is awarded sanctions of $1,360 against Respondent.

A propounding party may ask the court for an order that deems the matters contained in the requests for admission admitted if the receiving party fails to respond to the requests for admission. CCP § 2033.280(b). The court shall grant the order unless it finds that the party to whom the requests were directed has served responses in conformance with CCP § 2033.220 before the hearing on the motion. CCP § 2033.280(c). Responses to requests for admission are due 30 days after service (plus appropriate time for method of service). CCP §§ 1012, 1013, 2033.250(a). If the party to whom the requests for admission are directed fails to respond, that party waives all objections, including claims of privilege and work product protection. CCP § 2033.280(a).

Here, as tacitly acknowledged by the opposition filed, service of the RFAs on Respondent was proper, as was service of the pending motion.  Respondent did not timely serve responses but stated she would do so prior to the hearing.  Where the responding party served substantially compliant responses to RFAs prior to the hearing, the motion to deem the RFAs admitted must be denied.  St. Mary v. Superior Court (2014) 223 Cal. App. 4th 762, 776; Tobin v. Oris (1992) 3 Cal. App. 4th 814, 827, disapproved of on other grounds by Wilcox v. Birtwhistle (1999) 21 Cal.4th 973.

On the record currently before the court, there is no evidence that Respondent has served a response to the RFAs.  The motion is therefore granted.