Judge: Lisa R. Jaskol, Case: 20STCV27909, Date: 2023-07-20 Tentative Ruling
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Case Number: 20STCV27909 Hearing Date: July 20, 2023 Dept: 28
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On July 24, 2020, Plaintiff William Taylor (“Plaintiff”) filed this action against Defendants First Light Property Management, Inc. (“First Light”), Michael LaCaze, and Jennifer LaCaze for general negligence and premises liability. Plaintiff later amended the complaint to include Defendant Michael LaCaze as Trustee of the Michael LaCaze Trust.
On May 10, 2021, the Court dismissed Defendant Jennifer LaCaze without prejudice at Plaintiff’s request.
On May 14, 2021, Defendants Michael LaCaze and First Light filed an answer.
On May 31, 2023, Defendant First Light filed a motion for an order that the truth of the matters specified in requests for admissions served on Plaintiff on May 13, 2021, be deemed admitted and for sanctions of $2,435. Plaintiff has not filed an opposition.
Trial is currently scheduled for July 21, 2023.
PARTY’S REQUEST
Defendant First Light requests that the Court order that the truth of the matters specified in First Light's requests for admissions, set one, be deemed admitted. First Light also requests that the Court impose $2,435.00 in sanctions on Plaintiff and Plaintiffs’ counsel.
LEGAL STANDARD
“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 May 13, 2021, Defendant First Light served requests for admission, set number one, on Plaintiff.
Responses were due June 12, 2021. Plaintiff failed to provide timely responses.
The Court grants the motion and orders that the truth of the matters specified in First Light's requests for admissions, set one, be deemed admitted.
Defendant First Light requests monetary sanctions totaling $2,435.00.
The Court awards sanctions of $560.00, calculated as follows:
Defendant First Light requests $2,435.00 in sanctions, based on 5 hours of attorney’s work at a rate of $475.00 per hour and 1 $60.00 filling fee. Counsel spent 2 hours to draft the motion and anticipated spending 1 hour to make a ex-parte application to advance the hearing on the matter. Counsel anticipated spending 1 hour to prepare a reply to any opposition and 1 hour to attend the hearing.
The motion is unopposed. The Court grants $560.00 in sanctions, based on 2 hours of attorney’s time at a reasonable rate of $250.00 per hour and 1 $60.00 filling fee.
The sanctions total $560.00 and are payable by Plaintiff William Taylor and his counsel to Defendant First Light Property Management, Inc. by August 19, 2023.
CONCLUSION
Defendant First Light Property Management, Inc.’s motion for an order that the truth of the matters specified in its requests for admissions propounded to Plaintiff William Taylor (set one) be deemed admitted is GRANTED.
Defendant First Light Property Management, Inc.’s request for sanctions is GRANTED. Plaintiff William Taylor and his counsel are ordered to pay First Light Property Management, Inc. $560.00 in sanctions by August 19, 2023.
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.