Judge Lee S. Arian, Case Number: 22STCV15399, Date: 2024-03-26 Tentative Ruling

Judge: Lee S. Arian, Case: 22STCV15399, Date: 2024-03-26 Tentative Ruling

Case Number: 22STCV15399 Hearing Date: March 26, 2024 Dept: 27

Hon. Lee S. Arian¿¿¿

Department 27¿¿¿

Tentative Ruling¿¿

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Hearing Date: 3/26/2024 at 1:30 p.m.¿¿¿¿

Case No./Name.: 22STCV15399 JULIAN HART vs VARTAN DARBINYAN

Motion: MOTION TO DEEM REQUEST FOR ADMISSIONS ADMITTED SET ONE; REQUEST FOR MONETARY SANCTIONS

Moving Party: Plaintiff

Responding Party: Defendant Vartan Darbinyan

Notice: Sufficient¿¿¿¿

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Ruling: PLAINTIFF’S MOTION TO DEEM REQUEST FOR ADMISSIONS ADMITTED SET ONE AND REQUEST FOR MONETARY SANCTIONS ARE GRANTED.

Legal Standard

“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).¿

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).¿

Analysis and Conclusion

On May 9, 2022, Plaintiff filed the present slip and fall case. On June 27, 2023, Plaintiff served Request for Admissions, Set One, on Defendant Vartan Darbinyan via email transmission. On January 17, 2024, Defendant’s counsel informed Plaintiff's counsel that responses would be delivered within the next week or two; however, none were provided. Plaintiff now moves the court to deem Plaintiff's Request for Admissions, Set One, admitted. Defendant did not file an opposition, and there is no indication that substantially compliant discovery responses were provided before the hearing. Thus, Plaintiff's motion is GRANTED, and Plaintiff's Request for Admissions, Set One, is deemed admitted.

Defendant’s failure to respond forced Plaintiff to incur attorney's fees by filing the present motion. Defendant requests sanctions in the amount of $2,560.00. Considering the simplicity of the motion and the absence of an opposition, the Court exercises its discretion and reduces the sanctions amount to $1,250.00. Defendant and his counsel are ORDERED, jointly and severally, to pay sanctions of $1,250.00 to Plaintiff within 20 days of today’s date.

PLEASE TAKE NOTICE:

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.

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.

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.