Judge: Lisa R. Jaskol, Case: 20STCV35340, Date: 2023-12-12 Tentative Ruling
Case Number: 20STCV35340 Hearing Date: March 4, 2024 Dept: 28
Having considered the moving and opposing papers, the Court rules as follows.
BACKGROUND
On September 15, 2020, Plaintiff Katheryn Drexler (“Plaintiff”) filed this action against Defendants Jeannine Rosete (“Rosete”), Shay Rose Bolton (“Bolton”), and Does 1-50 for negligence.
On June 17, 2022, Bolton filed an answer. On August 8, 2022, Rosete filed an answer.
On January 8, 2024, Bolton filed a motion to deem admitted matters specified in requests for admission, set one, and for sanctions, to be heard on March 4, 2024. On February 29, 2024, Plaintiff filed an opposition.
Trial is currently scheduled for April 15, 2024.
PARTIES’ REQUESTS
Bolton asks the Court to deem admitted matters specified in requests for admission, set one, and award sanctions.
Plaintiff asks the Court to deny the motion.
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 September 12, 2023, Bolton served requests for admission, set one, on Plaintiff. Plaintiff did not provide timely responses and had not provided responses by the time Bolton filed this motion on January 8, 2024.
On
February 29, 2024, four days before the hearing on the motion, Plaintiff served
responses to the requests for admission.
Therefore, the Court denies the motion to deem admitted matters
specified in requests for admissions.
Citing Code of Civil Procedure section 2033.280, subdivision (c), Bolton asks the Court to impose $528.00 in sanctions on Plaintiff because “[i]t 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, subd. (c).) Bolton’s counsel spent 1.4 hours drafting the motion and anticipated spending one hour to prepare for and attend the hearing at a rate of $195.00 per hour. The filing fee was $60.00.
The Court awards $450.00 in sanctions based on two hours of attorney time and one filing fee.
CONCLUSION
The Court DENIES Defendant Shay Rose Bolton’s motion to deem admitted matters specified in requests for admission, set one.
The Court GRANTS Defendant Shay Rose Bolton’s request for sanctions and orders Plaintiff Katheryn Drexler and her counsel to pay Defendant Shay Rose Bolton $450.00 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.