Judge: Lisa R. Jaskol, Case: 22STCV26758, Date: 2025-04-21 Tentative Ruling
Case Number: 22STCV26758 Hearing Date: April 21, 2025 Dept: 28
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On August 17, 2022, Plaintiffs Jerardo Vargas (“Jerardo Vargas”), Evaristo Coronado (“Evaristo Coronado”), Samuel Vargas (“Samuel Vargas”), Iris Vargas, and Angie Vargas filed this action against Defendants Kevin Hale (“Defendant”) and Does 1-10 for motor vehicle tort and general negligence.
On September 10, 2024, Defendant filed an answer.
On February 13, 2025, Defendant filed a motion for an order establishing admissions against Samuel Vargas and for sanctions. On February 14, 2025, Defendant filed two motions for orders establishing admissions against Jerardo Vargas and for sanctions. The motions were set for hearing on April 21, 2025. Samuel Vargas and Jerardo Vargas did not file oppositions.
Trial is scheduled for April 8, 2026.
PARTY’S REQUESTS
Defendant asks the Court to deem admitted matters specified in requests for admission, set one, served on Samuel Vargas and Jerardo Vargas and to 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 September 10, 2024, Defendant served requests for admission, set one, on Samuel Vargas. Samuel Vargas did not serve timely responses and had not served responses by the time Defendant filed this motion. Defendant asks the Court to deem admitted matters specified in the requests for admission and impose sanctions on Samuel Vargas. Samuel Vargas has not filed an opposition.
The Court grants Defendant’s motion and deems admitted the matters specified in the requests for admission, set one, served on Samuel Vargas.
Defendant requests $760.00 in sanctions based on 3.5 hours of attorney time at a rate of $200.00 per hour and one $60.00 filing fee. Counsel spent two hours to prepare the motion and anticipated spending .5 hours to review any opposition and prepare a reply and one hour to attend the hearing. The Court awards $660.00 in sanctions based on three hours of attorney time and one filing fee.
B. Jerardo Vargas -- first motion
On September 10, 2024, Defendant served requests for admission, set one, on Jerardo Vargas. Jerardo Vargas did not serve timely responses and had not served responses by the time Defendant filed this motion. Defendant asks the Court to deem admitted the matters specified in the requests for admission and impose sanctions on Jerardo Vargas. Jerardo Vargas has not filed an opposition.
The Court grants Defendant’s motion and deems admitted matters specified in the requests for admission, set one, served on Jerardo Vargas.
Defendant requests $760.00 in sanctions based on 3.5 hours of attorney time at a rate of $200.00 per hour and one $60.00 filing fee. Counsel spent two hours to prepare the motion and anticipated spending .5 hour to review any opposition and prepare a reply and one hour to attend the hearing. The Court awards $660.00 in sanctions based on three hours of attorney time and one filing fee.
C. Jerardo Vargas -- second motion
On February 14, 2025, Defendant filed a second motion
to deem admitted matters specified in requests for admission served on Jerardo Vargas. The motion appears to duplicate
the first motion concerning Jerardo Vargas except that it attaches requests for
admission served on Evaristo Coronado.
The Court construes the motion as one directed at Evaristo Coronado. However, because the motion does not give Evaristo Coronado proper notice that Defendant is seeking an order deeming admitted the matters specified in requests for admission served on Evaristo Coronado, the
Court denies the motion.
CONCLUSION
The Court GRANTS Defendant Kevin Hale’s motion to deem admitted matters specified in requests for admission, set one, served on Plaintiff Samuel Vargas. The Court deems the matters admitted. The Court GRANTS Defendant Kevin Hale’s request for sanctions and orders Plaintiff Samuel Vargas and his counsel to pay Defendant Kevin Hale $660.00 by May 21, 2025.
The Court GRANTS Defendant Kevin Hale’s motion to deem admitted matters specified in requests for admission, set one, served on Plaintiff Jerardo Vargas. The Court deems the matters admitted. The Court GRANTS Defendant Kevin Hale’s request for sanctions and orders Plaintiff Jerardo Vargas and his counsel to pay Defendant Kevin Hale $660.00 by May 21, 2025.
The Court DENIES Defendant Kevin Hale’s motion to deem admitted matters specified in requests for admission, set one, served on Plaintiff Evaristo Coronado.
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.