Judge: Lisa R. Jaskol, Case: 20STCV23949, Date: 2024-01-12 Tentative Ruling
Case Number: 20STCV23949 Hearing Date: March 4, 2024 Dept: 28
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On June 24, 2020, Plaintiff Anna Mezheritsky (“Plaintiff”) filed this action against Defendants Mary Durham (“Mary Durham”), Westlake Properties, Inc. (“Westlake”), and Does 1 to 50 for general negligence and premises liability.
On October 2, 2020, Mary Durham filed a general denial.
On December 31, 2020, Westlake filed an answer and a cross-complaint against Mary Durham and Roes 1 to 50 for declaratory relief, equitable indemnity, implied indemnity, express indemnity, and contribution.
On March 24, 2021, Mary Durham filed a notice of errata stating her true name was Mary Durham Kouzehkanani.
On March 28, 2022, Mary Durham (not Mary Durham Kouzehkanani) filed an answer to Westlake’s cross-complaint. Mary Durham also filed a cross-complaint against Zoes 1 to 50 for equitable indemnity, contribution, and declaratory relief.
On January 30, 2024, Mary Durham filed a motion to deem admitted matters specified in requests for admission, set one, and for sanctions, to be heard on March 4, 2024. Plaintiff has not filed an opposition.
Trial is currently scheduled for April 4, 2024.
PARTY'S REQUESTS
Mary Durham asks the Court to deem admitted matters specified in requests for admission, set one, and award sanctions.
LEGAL STANDARD
Code of Civil Procedure section 2033.280 provides:
“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, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010). 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.
“(b) The requesting 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 under Chapter 7 (commencing with Section 2023.010).
“(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 (commencing with Section 2023.010) 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.)
DISCUSSION
On November 17, 2023, Mary Durham served requests for admission, set one, on Plaintiff. Plaintiff did not provide timely responses and had not provided responses by the time Mary Durham filed this motion on January 30, 2024.
The Court grants the motion and deems admitted the matters specified in requests for admission, set one.
Mary Durham asks the Court to impose $1,178.91 in sanctions on Plaintiff based on six hours of attorney time at a rate of $185.00 and $68.91 in filing fees. Counsel spent three hours preparing the motion and anticipated spending another two hours to prepare a reply to Plaintiff’s opposition and one hour to attend the hearing.
The Court grants $431.65 in sanctions based on two hours of attorney time and $61.65 in filing fees.
CONCLUSION
The Court GRANTS Defendant Mary Durham’s motion to deem admitted matters specified in requests for admission, set one. The Court deems the matters admitted.
The Court GRANTS Defendant Mary Durham’s request for sanctions and orders Plaintiff Anna Mezheritsky to pay Defendant Mary Durham $431.65 by April 3, 2024.
Moving party is ordered to give notice of this ruling.
Moving party is ordered to file the proof of service of this ruling with the Court within five days.