Judge: Lee S. Arian, Case: 22STCV17572, Date: 2024-08-01 Tentative Ruling

Case Number: 22STCV17572    Hearing Date: August 1, 2024    Dept: 27

Hon. Lee S. Arian, Dept 27 

MOTION TO DEEM RFA ADMITTED AND REQUESTS FOR SANCTIONS 

Hearing Date: 8/1/24¿ 

CASE NO./NAME: 22STCV17572 JEREMY GIRONIMI, et al. vs MOTEL 6, et al. 

Moving Party: Defendant G6 Hospitality 

Responding Party: Unopposed

Notice: Sufficient¿ 

Ruling: MOTION TO DEEM RFA ADMITTED AND REQUESTS FOR SANCTIONS ARE GRANTED. 

Background

On March 15, 2024, Defendant G6 served Requests for Admissions (Set One) on Plaintiffs JEREMY GIRONIMI AND JOANN GIRONIMI. Plaintiffs’ verified responses were originally due on April 16, 2024. Plaintiffs subsequently requested and were granted multiple extensions to provide the discovery responses, with the final deadline set for June 17, 2024. To date, Plaintiffs have failed to serve their discovery responses and Defendant now moves for an order deeming the contents of its Requests for Admissions, Set One, admitted. No opposition to this motion has been filed.

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).¿ 

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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.

Discussion

It is undisputed that the initial discovery responses at issue were not provided by the statutory deadline. No opposition or any other documents were filed indicating that the initial responses were provided prior to the hearing. Thus, the Court grants the present motions. Defendant’s Requests for Admissions, Set One are deemed admitted.

            Defendant requests sanctions in the amount of $1517.50. Sanctions are mandatory when a party’s non-response forces the opposing party to file motions to compel or deem admitted. The Court does not find Plaintiffs to have acted with substantial justification. Consequently, the Court grants sanctions in the amount of $1517.50. The Court orders Plaintiffs and their counsel, jointly and severally, to pay sanctions of $1517.50 to Defendant within 30 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.