Judge Lee S. Arian, Case Number: 23STCV11630, Date: 2024-06-20 Tentative Ruling

Judge: Lee S. Arian, Case: 23STCV11630, Date: 2024-06-20 Tentative Ruling

Case Number: 23STCV11630 Hearing Date: June 20, 2024 Dept: 27

Hon. Lee S. Arian, Dept 27

MOTION TO DEEM RFA ADMITTED AND REQUESTS FOR SANCTIONS

Hearing Date: 6/20/24

CASE NO./NAME: 23STCV11630 JESSICA MENA OROMAN, et al. vs JOHN BABER

Moving Party: Plaintiffs

Responding Party: Defendant John Baber

Notice: Sufficient

Ruling: MOTION TO DEEM RFA ADMITTED AND REQUESTS FOR 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). Unlike a motion to compel further discovery responses, a motion to deem RFA admitted does not have any meet and confer requirements.¿

Discussion

On November 3, 2023, Plaintiffs served Requests for Admission (Set One) upon Defendant John Baber. Defendant’s deadline to respond was December 8, 2023. As of May 17, 2024, when the present motion was filed, Defendant had not responded to Plaintiffs’ discovery request.

¿ It is undisputed that the initial responses were not served within the timeframe mandated by CCP § 2033.250(a). Furthermore, no opposition was filed or any other filing showing that responses have been served prior to the hearing. Thus, the present motion is GRANTED and Plaintiffs’ RFA, Set One, is deemed admitted.

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). Defendant’s failure to serve discovery responses forced Plaintiffs to file the present motion and incur attorney’s fees.

Plaintiffs request sanctions in the amount of $1804.00, and the Court finds this amount reasonable. Consequently, the Court sanctions Defendant in the amount of $1700. Defendant and his counsel, jointly and severally, are ORDERED to pay sanctions of $1700 to Plaintiffs 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.