Complaint Filed: 6/18/2020¿¿ 

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Hon. Lee S. Arian¿¿¿¿ 

Department 27¿¿¿¿ 

Tentative Ruling¿¿¿ 

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Hearing Date: 3/11/2024, at 1:30 p.m.¿¿¿¿¿ 

Case No./Name.: 20STCV23221 ANGELINA YU vs COACH MAX CORP. 

Motion: MOTION TO DEEM REQUESTS FOR ADMISSIONS, SET ONE, ADMITTED AND REQUESTS FOR SANCTIONS¿ 

Moving Party: Plaintiff¿ 

Responding Party: Defendant COMMERCE CASINO CLUB, INC. 

Notice: Sufficient¿ 

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Ruling: Motion to Deem Requests For Admissions, Set One, Admitted is DENIED¿ 

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Motion for Monetary Sanctions is GRANTED in the amount of $1,477.02¿ 

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Background¿ 

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On June 18, 2020, Plaintiff filed the present action alleging that she was injured as a passenger on a shuttle bus going from Commerce Casino to a designated bus stop in Monterey Park. On August 28, 2023, Plaintiff served her Requests for Admission, Set One (RFAs) on Defendant. Defendant did not provide the discovery responses by the statutory due date, but Plaintiff gave Defendant numerous extensions to serve the responses by January 25, 2024. (Ex. G.) However, as of February 8, 2024, the date on which the present motion was filed, Defendant has not served its discovery responses. On February 20, 2024, after the motion was filed but before the hearing date, Defendant served its discovery responses. 

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Legal Standard¿ 

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“Any party may obtain discovery . . . by a written request that any other party to the action admit the genuineness of specified documents, or the truth of specified matters of fact, opinion relating to fact, or application of law to fact. A request for admission may relate to a matter that is in controversy between the parties.”¿ CCP § 2033.010.¿ “Within 30 days after service of requests for admission, the party to whom the requests are directed shall serve the original of the response to them on the requesting party, and a copy of the response on all other parties who have appeared . . . .”¿ CCP § 2033.250(a).¿ 

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If a party to whom request for admissions are served fails to provide a timely response, the party to whom the request was directed waives any objections, including based on privilege or the work product doctrine. CCP § 2033.280(a). The requesting party can move for an order that the genuineness of any documents and the truth of any matters specified in the request be deemed admitted, as well as for monetary sanctions. CCP § 2033.280(b). The court shall issue this order unless the party to whom the request was made serves a response in substantial compliance prior to the hearing on the motion. CCP § 2033.280(c). Unlike a motion to compel further discovery responses, a motion to deem RFA admitted does not have any meet and confer requirements.¿ 

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It is undisputed that the initial responses were not served within the timeframe mandated by CCP § 2033.250(a). Discovery requests were served on August 28, 2023. After numerous extensions, Defendant’s responses were due on January 25, 2024, but no responses were served by that date. As a result, Plaintiff filed the present motion on February 8, 2024. After the motion was filed, Defendant’s responses were served on February 20, 2024. Because the discovery responses were served before the hearing date, the present motion is moot.¿ 

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Accordingly, the present Motion to Deem RFA Admitted is DENIED.¿ 

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Sanctions¿ 

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Sanctions are mandatory against the party, the attorney, or both whose failure to serve a timely response to the request necessitated the motion to deem request for admissions as admitted. CCP § 2033.280(c).¿Plaintiff gave Defendant several extensions and was forced to file the present motion when no discovery responses were served by January 25, 2024. 

 

Defendants’ moving papers request sanctions in the amount of $1477.02. That request is granted: Plaintiff and her counsel are ordered, jointly and severally, to pay sanctions of $1477.02 to Defendant within 20 days of today’s date. ¿ 

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¿PLEASE TAKE NOTICE:¿¿¿¿¿¿¿ 

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If a party intends to submit on this tentative ruling,¿the party must send an email to the court at¿sscdept27@lacourt.org¿with the Subject line “SUBMIT” followed by the case number.¿ The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.¿¿¿¿¿¿¿¿¿ 

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Unless¿all¿parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.¿ You should assume that others may appear at the hearing to argue.¿¿¿¿¿¿¿¿¿ 

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If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.¿ After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.¿¿¿¿¿¿¿¿ 

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