Judge: Lisa R. Jaskol, Case: 22STCV28981, Date: 2025-01-17 Tentative Ruling

Case Number: 22STCV28981    Hearing Date: January 17, 2025    Dept: 28

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

BACKGROUND 

On September 7, 2022, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed this action against Defendant Akill Otis Raejon (“Defendant”) and Does I-V for damages.  The complaint demanded $43,414.97 plus costs of suit. 

On March 6, 2023, Plaintiff amended the complaint to substitute Defendant’s correct name, Akill Raejon Otis, in place of the incorrect name used in the complaint. 

On May 8, 2023, Defendant filed an answer. 

On September 17, 2024, Plaintiff filed a motion to deem admitted the truth of matters specified in requests for admission, set one, served on Defendant.  The motion was set for hearing on December 6, 2024.  Defendant did not file an opposition.  The Court continued the hearing to January 17, 2025. 

PARTY’S REQUESTS 

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

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 May 22, 2023, Plaintiff served requests for admission, set one, on Defendant.  Defendant did not serve timely responses and had not served responses by the time Plaintiff filed this motion.  Plaintiff asks the Court to deem admitted the truth of matters specified in the requests for admission.  The motion is unopposed. 

The Court grants the motion and deems admitted the truth of matters specified in requests for admission, set one, served on Defendant. 

Sanctions are mandatory.  (Code Civ. Proc., § 2033.280, subd. (c).)  Plaintiff requests $660.00 in sanctions based on two hours of attorney time at a rate of $300.00 per hour and one $60.00 filing fee. 

The Court awards $560.00 in sanction based on two hours of attorney time at a reasonable rate of $250.00 per hour and one filing fee. 

CONCLUSION 

The Court GRANTS Plaintiff State Farm Mutual Automobile Insurance Company’s motion to deem admitted the truth of matters specified in requests for admission, set one, served on Defendant Akill Raejon Otis.  The Court deems the matters admitted. 

The Court GRANTS Plaintiff State Farm Mutual Automobile Insurance Company’s request for sanctions and orders Defendant Akill Raejon Otis and his counsel to pay Plaintiff State Farm Mutual Automobile Insurance Company $560.00 by February 17, 2025. 

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.