Judge: Lee W. Tsao, Case: 24NWCV00108, Date: 2024-08-21 Tentative Ruling

Case Number: 24NWCV00108    Hearing Date: August 21, 2024    Dept: SEC

MOLINA, ET AL. v. YLADIMIROVICH

CASE NO.: 24NWCV00108

HEARING: 8/21/24 @ 10:30 A.M.

#7

TENTATIVE ORDER

I. Plaintiff Mauricio Cuevas Molina and Esther Trujillo Condes’ Motion to Deem the Truth of the Matters Admitted as to Defendant is MOOT. Monetary sanctions are awarded.

Moving Party to give NOTICE.

This is about a motor vehicle collision. Plaintiffs Mauricio Cuevas Molina and Esther Trujillo Code move for an order that the truth of all matters specified in his first set of requests for admission be deemed admitted against Defendant.

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 April 9, 2024, Plaintiffs propounded the first set of requests for admission on Defendant. (Decl. Movsesian, ¶ 5, Ex. A.)

On August 9, 2024, Defendant served discovery responses. (Decl. Bustos, ¶ 12, Ex. D.) Upon the Court’s review, the Court finds the responses to be in substantial compliance with the code.

Thus, the motion is MOOT.

Monetary Sanctions

It is mandatory that the court impose a monetary sanction 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).)

Plaintiffs request monetary sanctions of $1,110.00 at $350.00 per hour for three hours of work and filing fees of $60.00. The Court awards this amount.