Judge: Lee S. Arian, Case: 23STCV03080, Date: 2024-11-15 Tentative Ruling

Case Number: 23STCV03080    Hearing Date: November 15, 2024    Dept: 27

Hon. Lee S. Arian, Dept 27 

MOTION TO DEEM RFA ADMITTED

Hearing Date: 11/15/24¿ 

CASE NO./NAME: 23STCV03080 ROBERTO MENDOZA vs JOHN DOE, et al.

Moving Party: Defendant Kalifornia Transport, Inc.

Responding Party: Plaintiff¿ 

Notice: Sufficient¿ 

Ruling: GRANTED 

Background

On February 10, 2023, Plaintiff Roberto Mendoza initiated this case alleging personal injury from an incident involving a tractor-trailer. On August 8, 2024, Defendant Kalifornia Transport, Inc. served its first set of Requests for Admission (RFAs) on Plaintiff. Plaintiff failed to respond to these requests by the statutory due date of September 12, 2024. On September 16, 2024, Defendant’s counsel sent a letter inquiring about the status of Plaintiff’s discovery responses but received no reply. Defendant now moves the court to deem the contents of its RFA, Set One, admitted.

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). Unlike a motion to compel further discovery responses, a motion to deem RFA admitted does not have any meet and confer requirements.   

Analysis

It is undisputed that Plaintiff failed to serve any response, including objections, within the statutory deadline of CCP § 2033.250(a). Plaintiff did not file an opposition nor did Plaintiff serve any responses prior to the hearing indicating to the court that responses were served. Consequently, the contents of Defendant’s RFA, Set One, are deemed admitted.

Sanctions are mandatory against the party, the attorney, or both whose failure to serve a timely discovery response forced Defendant to file the present motion. CCP § 2033.280(c). Defendant seeks sanctions in the amount of $1,268.91, which the Court finds reasonable. Plaintiff and his attorney of record are jointly and severally liable for sanctions in the amount of $1,268.91 payable to Defendant within 20 days of this order.

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.