Judge Lee W. Tsao, Case Number: 23NWCV01442, Date: 2024-05-29 Tentative Ruling

Judge: Lee W. Tsao, Case: 23NWCV01442, Date: 2024-05-29 Tentative Ruling

Case Number: 23NWCV01442 Hearing Date: May 29, 2024 Dept: C

GRISSOM v. FCA US LLC

CASE NO.: 23NWCV01442

HEARING: 5/29/24 @ 10:30 A.M.

TENTATIVE RULING

I. Plaintiff’s Motion for Order Deeming Requests for Admissions (Set One) Admitted is GRANTED.

II. Plaintiff’s Motion for Monetary Sanctions is GRANTED IN PART.

Moving Party to give NOTICE.

This is a Song-Beverly action.

Plaintiff Georgia Grissom moves for an order that the truth of all matters specified in Plaintiff’s first set of requests for admission be deemed admitted against Defendant FCA US LLC. Plaintiff also seeks monetary sanctions.

Requests for Admissions

Where a party fails to respond to requests for admissions, the propounding party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction. (Code Civ. Proc., § 2033.280, subd. (b).) The court “shall” grant a motion to deem admitted the matters specified in the requests for admissions, “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.” (Code Civ. Proc., § 2033.280, subd. (c).)

On June 21, 2023, Plaintiff propounded the first set of requests for admission on Defendant FCA US LLC. (Decl. Hollins, ¶ 2, Ex. A.) No responses have been provided. (Decl. Hollins, ¶ 6.)

The Court grants the motion.

Monetary Sanctions

“It is mandatory that the court impose a monetary sanction under [Code of Civil Procedure section 2023.010, et seq.] on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.” (Code Civ. Proc., § 2033.280, subd. (c).)

Plaintiff requests sanctions in the amount of $2060.00. Because this motion is straightforward and unopposed, the Court grants sanctions in the amount of $560.00 for attorney work and $60 filing fee, for a total of $620.00.