Judge: Lisa R. Jaskol, Case: 21STCV38664, Date: 2023-08-10 Tentative Ruling
Case Number: 21STCV38664 Hearing Date: March 7, 2024 Dept: 28
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On October 20, 2021, Plaintiff Valerie Roberts (“Plaintiff”) filed this action against Defendants Kimberlee “Kim” White (“White”), Dan Brown (“Brown”), Synergy Interactive LLC (“Synergy”), and Does 1-100 for general negligence, strict liability, gross negligence and/or recklessness and premises liability.
On January 4, 2022, the Court granted Synergy’s motion to strike the complaint with 20 days leave to amend.
On February 3, 2022, Plaintiff filed a first amended complaint.
On February 22, 2023, Plaintiff amended the first amended complaint to include Defendant Synergy Interactiv LLC a.k.a. Synergy Interactiv as Doe 34.
On March 29, 2022, the Court denied Synergy’s motion to strike the first amended complaint.
On May 26, 2022, the Court sustained Brown’s demurrer with 30 days leave to amend.
On June 2, 2022, Plaintiff filed a second amended complaint against White, Brown, Synergy, and Does 1-100 for general negligence, strict liability, gross negligence and/or recklessness and premises liability.
On July 5, 2022, Synergy filed an answer and a cross-complaint against Cross-Defendants Brown and Roes 1-20 for equitable indemnity, apportionment of fault, declaratory relief and comparative negligence. On August 4, 2022, the Court dismissed Brown from Synergy’s cross-complaint without prejudice at Synergy’s request.
On July 6, 2022, Brown filed an answer and a cross-complaint against Cross-Defendants Roes 1-100 for implied and equitable indemnity, contribution and declaratory relief.
On August 15, 2022, White filed an answer.
On September 5, 2023, the Court granted Synergy’s motion for summary judgment. On September 15, 2023, the Court entered judgment for Synergy on Plaintiff’s complaint.
On September 13, 2023, the Court granted Brown’s motion for summary judgment. On November 30, 2023, the Court entered judgment for Brown on Plaintiff’s complaint.
On September 19, 2023, the Court dismissed Brown’s cross-complaint without prejudice at his request.
On February 13, 2024, White filed a motion to deem admitted matters specified in requests for admission and for sanctions, to be heard on March 7, 2024. Plaintiff has not filed an opposition.
On March 6, 2024, the Court granted White’s motion to reopen discovery and ordered that discovery and related dates and deadlines will be based on the May 15, 2024 trial date.
Trial is currently scheduled for May 15, 2024.
PARTY’S REQUESTS
White 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 December 13, 2023, White served requests for admission, set one, on Plaintiff.
Plaintiff
did not provide timely responses and had not provided responses by the time
White filed the motion to deem admitted matters specified in requests for
admission.
The Court grants the motion
and deems admitted the matters specified in the requests for admission.
Sanctions are mandatory under Code of Civil Procedure section 2033.280, subdivision (c). Defendant requests $1,685.00 in sanctions based on five hours of attorney time at a rate of $325.00 per hour and one $60.00 filing fee. Counsel spent three hours to prepare the motion and anticipated spending one hour to prepare a reply and one hour to attend the hearing. The Court awards $560.00 in sanctions based on two hours of attorney time at a reasonable rate of $250.00 per hour and one filing fee.
CONCLUSION
The Court GRANTS Defendant Kimberlee “Kim” White’s motion to deem admitted matters specified in requests for admission, set one, and deems the matters admitted.
The Court GRANTS Defendant Kimberlee “Kim” White’s request for sanctions and orders Plaintiff Valerie Roberts and her counsel to pay Defendant Kimberlee “Kim” White $560.00 by April 8, 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.