Judge: Lisa R. Jaskol, Case: 21STCV43383, Date: 2023-11-29 Tentative Ruling

Case Number: 21STCV43383    Hearing Date: November 30, 2023    Dept: 28

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

BACKGROUND 

On November 9, 2021, Plaintiffs Sophia Naranjo (“Naranjo”) and Lisa Torres filed an action against Defendants Luong Van Lam (“Defendant”) and Does 1-50 for motor vehicle tort and general negligence. 

On March 14, 2022, the clerk entered Defendant’s default.  On April 13, 2022, the Court set aside the default based on the parties’ stipulation. 

On April 28, 2022, Defendant filed an answer. 

On May 18, 2023, the Court granted Plaintiffs’ counsel’s motions to be relieved as counsel for Plaintiffs. 

On November 2, 2023, Defendant filed a motion to deem admitted matters specified in requests for admission served on Naranjo.  Naranjo has not filed an opposition. 

Trial is currently scheduled for February 15, 2024. 

PARTY’S REQUEST 

Defendant requests an order that the matters specified in requests for admission, set one, served on Naranjo be deemed admitted and for 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 June 26, 2023, Defendant served requests for admission, set one, on Naranjo.  Responses were due August 10, 2023.  Naranjo 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 monetary sanctions of $265.00 based on one hour of attorney’s work at a rate of $205.00 per hour and one $60.00 filling fee. The Court grants the request. 

CONCLUSION 

The Court GRANTS the motion of Defendant Luong Van Lam for an order deeming admitted the matters specified in requests for admission, set one, served on Plaintiff Sophia Naranjo.  The matters specified in the requests for admission are deemed admitted. 

The Court GRANTS the request of Defendant Luong Van Lam for sanctions and orders Plaintiff Sophia Naranjo to pay Defendant Luong Van Lam $265 by January 2, 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.