Judge: Lee S. Arian, Case: 19STCV35738, Date: 2023-11-14 Tentative Ruling

Case Number: 19STCV35738    Hearing Date: November 15, 2023    Dept: 27

State Farm Mutual Automobile Insurance Company v. Rosa Hernandez, et al

CASE NUMBER: 19STCV35738

[UNOPPOSED]

Plaintiff’s Motions to Deem Requests for Admission Admitted

TENTATIVE

Plaintiff’s Motions to Deem Requests for Admissions Admitted as to both Rosa Hernandez and Santiago Jacinto Lorenzo are GRANTED. The request for sanctions is granted, and the sanctions are imposed on Defendants, and awarded to Plaintiff in the amount of $600.00.  

Background

This is a subrogation action filed by State Farm Mutual Automobile Insurance Company (“Plaintiff”) against Rosa Hernandez and Santiago Jacinto Lorenzo (“Defendants”). The Complaint was filed on October 7, 2019, and alleges that Defendants collided with Plaintiff’s insured driver Jose Gerardo Gutierrez. (Complaint, ¶ 6.)

Plaintiff now files two Motions to Deem Requests for Admissions Admitted (“Motions”) against both Defendants. No opposition was filed.

Discussion

Legal Standard

Code of Civil Procedure § 2033.250, provides, in pertinent part, that “[w]ithin 30 days after service of the request for admissions . . . the party to whom the requests are directed shall serve the original of the response to them on the requesting party.” A motion to deem admitted requests for admissions lies based upon a showing of failure to respond timely. (CCP §2033.280(b); Demyer v. Costa Mesa Mobile Home Estates (1995) 36 Cal.App.4th 393, 395, disapproved on other grounds by Wilcox v. Birtwhistle (1999) 21 Cal.4th 973, 983.) Requests for admissions must be deemed admitted where no responses in substantial compliance was served before the hearing. (CCP §2033.280(c).) As to motions to deem matters admitted, no meet and confer is required. (Demyer v. Costa Mesa Mobile Home Estates (1995) 36 Cal. App. 4th 393, 395, overruled on other grounds by Wilcox v. Birtwhistle (1999) 21 Cal. 4th 973, 983. Also see Leach v. Superior Court (1980) 111 Cal.App.3d 902, 904–906, 169 Cal.Rptr. 42 [rejecting argument that state rule of court requiring informal meet and confer applied to motion where no response at all had been made to interrogatory requests, reasoning that because objections had been waived for failure to timely answer, there was “nothing to ‘resolve’ with the meaning” of the rule)].)

“[A] motion to have admission requests deemed admitted may not be granted where the record establishes ... that (1) proposed responses to the requests have been served prior to the hearing on the motion and (2) such responses are in substantial compliance with the provisions of section 2033, subdivision (f)(1).” (Tobin v. Oris (1992) 3 Cal. App. 4th 814, 828, overruled on other grounds by Wilcox v. Birtwhistle (1999) 21 Cal. 4th 973, 983 n.12.) Courts evaluate tardy responses to requests for admissions, in toto, to determine whether they substantially comply with the code, and do not evaluate each individual response. (St. Mary v. Sup. Ct. (2013) 223 Cal.App.4th 762, 779-80.)

Analysis

Here, Plaintiff provides the Declaration of Janelle McCammack (“McCammack Dec.”) which states that Plaintiff propounded Requests for Admissions on both Defendants on October 17, 2022. (McCammack Dec., ¶ 1.) After two extensions, responses were never served. (McCammack Dec., ¶ 2-6.) Therefore, both Motions will be granted, and sanctions imposed. Plaintiff’s counsel provides the following calculations:     

·         Counsel’s hourly rate is $200.00

·         Counsel spent 2 hours on each Motion

·         The filing fee for each Motion was $60.00

Considering the similarity between the Motions, the Court will award $600.00 in sanctions to

Plaintiff, imposed against Defendants.

Conclusion

Plaintiff’s Motions to Deem Requests for Admissions Admitted as to both Rosa Hernandez and Santiago Jacinto Lorenzo are GRANTED. The request for sanctions is granted, and the sanctions are imposed on Defendants, and awarded to Plaintiff in the amount of $600.00.  

Moving party is ordered to give notice.