Judge Lee W. Tsao, Case Number: 22NWCV00780, Date: 2023-05-11 Tentative Ruling

Judge: Lee W. Tsao, Case: 22NWCV00780, Date: 2023-05-11 Tentative Ruling

Case Number: 22NWCV00780 Hearing Date: May 11, 2023 Dept: C

CARILLO v. GENERAL MOTORS, LLC

CASE NO.: 22NWCV00780

HEARING: 05/11/23

TENTATIVE ORDER

Plaintiff’s unopposed Motion to Deem RFA (set one) Admitted as to Defendant GENERAL MOTORS, LLC is GRANTED.

Moving Party to give Notice.

No Opposition filed as of May 9, 2023.

“If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply: (a) The party to whom the requests for admission are directed waives any objection to the requests…. The Court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied: (1) The party has subsequently served a response that is in substantial compliance with Sections 2033.210, 2033.220, and 2033.230. (2) the party’s failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect…. (c) The court shall make this order, unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220. It is mandatory that the court impose a monetary sanction under Chapter 7…on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.” (CCP §2033.280.) Unverified responses “are tantamount to no responses at all.” (Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636.) No prior attempt to resolve the matter informally is required.

Here, RFAs were propounded on or about September 27, 2022.

To the Court’s knowledge, Defendant has failed to provide any responses as of December 15, 2022 (the date this Motion was filed). Therefore, the unopposed motion is GRANTED.

Sanctions are mandatory pursuant to the terms of CCP §2033.280(c). Reasonable sanctions are awarded as follows: Defendant GENERAL MOTORS, LLC is ORDERED to pay Plaintiff and their counsel of record sanctions in the total amount of $636.65 ($575/hr. x 1 hrs.) (costs $61.65) no later than 30 days from the Court’s issuance of this Order.