Judge: Lisa R. Jaskol, Case: 22STCV16564, Date: 2024-01-26 Tentative Ruling
Case Number: 22STCV16564 Hearing Date: January 26, 2024 Dept: 28
Having considered the moving and opposing papers, the Court rules as follows.
BACKGROUND
On May 18, 2022, Plaintiff Barbara Berkowitz (“Plaintiff”) filed this action against Defendants City of Los Angeles (“City”), County of Los Angeles (“County”), Westcom Property Services, Inc. (“Westcom”), Sherbourne Court Homeowners Association, Inc. (“Sherbourne”), and Does 1-100 for dangerous condition of public property and general negligence.
On July 25, 2022, the County filed an answer.
On July 26, 2022, Westcom and Sherbourne filed an answer.
On August 17, 2022, the Court dismissed the County without prejudice at Plaintiff’s request.
On January 10, 2023, the City filed an answer and a cross-complaint against Cross-Defendants Roes 1-10 for indemnification, apportionment of fault, and declaratory relief.
On February 1, 2023, Westcom and Sherbourne filed a cross-complaint against Cross-Defendants City and Roes 1-20 for indemnity and contribution. On March 7, 2023, the City filed an answer.
On December 20, 2023, Plaintiff filed motions to deem admitted matters specified in requests for admission, set for hearing on January 26, 2024. On January 12, 2024, Westcom and Sherbourne filed oppositions.
Trial is currently scheduled for May 13, 2024.
PARTIES’ REQUESTS
Plaintiff requests an order that matters specified in requests for admission served on Westcom and Sherbourne be deemed admitted. Plaintiff also requests sanctions.
Westcom and Sherbourne request that the Court find the motions are moot.
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 29, 2023, Plaintiff served requests for admission, set one, on Westcom and Sherbourne. Responses were due on July 31, 2023. Westcom and Sherbourne did not provide responses by the deadline and had not provided responses by the time Plaintiff filed these motions on December 20, 2023.
On January 12, 2024, Westcom and Sherbourne served responses to the requests for admission. The responses appear to be in substantial compliance with Code of Civil Procedure section 2033.220.
Because
Westcom and Sherbourne served responses to the requests for admission before
the hearing on the motions, the Court denies Plaintiff’s request to deem admitted
the matters specified in the requests for admission.
Sanctions are mandatory under Code of Civil Procedure section 2033.280, subdivision (c). Plaintiff requests $300.00 in sanctions from each defendant based on one hour of attorney time at a rate of $300 per hour. The Court grants the requests.
CONCLUSION
The Court DENIES Plaintiff Barbara Berkowitz’s motion to deem admitted matters specified in requests for admission, set one, served on Defendant Sherbourne Court Homeowners Association, Inc.
The Court GRANTS Plaintiff Barbara Berkowitz’s requests for sanctions. The Court orders Defendant Westcom Property Services, Inc. its counsel to pay Plaintiff Barbara Berkowitz $300.00 in sanctions within 30 days of the hearing on the motion. The Court orders Defendant Sherbourne Court Homeowners Association, Inc. and its counsel to pay Plaintiff Barbara Berkowitz $300.00 in sanctions within 30 days of the hearing on the motion.
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.