Judge: Lisa R. Jaskol, Case: 21STCV36793, Date: 2023-11-13 Tentative Ruling

Case Number: 21STCV36793    Hearing Date: January 18, 2024    Dept: 28

Having considered the moving papers, the Court rules as follows.  

BACKGROUND 

On October 6, 2021, Plaintiff Stacey Sterbcow (“Plaintiff”) filed this action against Defendants Jasmen Navasartian (“Defendant”) and Does 1-100 for motor vehicle tort. 

On August 11, 2022, Defendant filed an answer. 

On November 13, 2023, the Court granted Plaintiff’s counsel’s motion to be relieved as counsel.  On December 4, 2023, Plaintiff’s counsel filed a proof of service of the order. 

On December 13, 2023, Defendant filed a motion to deem admitted the matters specified in requests for admission.  Plaintiff has not filed an opposition. 

Trial is currently scheduled for June 4, 2024. 

PARTY’S REQUESTS 

          Defendant asks the Court to deem admitted the matters specified in requests for admission served on Plaintiff and impose sanctions on Plaintiff.       

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 July 27, 2023, Defendant served Requests for Admission, Set No. Two, on Plaintiff. On August 30, 2023, Defendant served Requests for Admission, Set No. Three, on Plaintiff. 

Responses were due August 31, 2023, and October 3, 2023. Plaintiff failed to provide timely responses and had not provided responses by the time Defendant filed this motion. 

The Court grants the motion and deems admitted the matters specified in the requests for admission. 

Defendant requests $461.65 in sanctions based on two hours of attorney’s work at a rate of $200 per hour and one $61.65 filing fee. The request is reasonable and the Court grants it. 

Defendant should have filed two separate motions, one for each set of discovery. The Court orders Defendant to pay one additional filing fee to the Court. 

CONCLUSION 

The Court GRANTS Defendant Jasmen Navasartian’s motion to deem admitted matters specified in requests for admission, sets two and three.  The matters specified in the requests for admission are deemed admitted. 

The Court GRANTS Defendant Jasmen Navasartian’s request for sanctions and orders Plaintiff Stacey Sterbcow to pay Defendant Jasmen Navasartian $461.65 by February 20, 2024. 

The Court orders Defendant Jasmen Navasartian to pay the Court one additional filing fee. 

Moving party is to give notice of this ruling.