Judge: Lisa R. Jaskol, Case: 22STCV30126, Date: 2023-09-05 Tentative Ruling

Case Number: 22STCV30126    Hearing Date: September 5, 2023    Dept: 28

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

BACKGROUND  

On September 15, 2022, Plaintiff Margarita Corona (“Plaintiff”) filed this action against Defendants Jose Luis Morales (“Morales”), Brenda Ornelas (“Ornelas”), and Does 1-20 for motor vehicle negligence. 

On October 28, 2022, Morales filed an answer.  On January 17, 2023, Ornelas filed an answer. 

On June 1, 2023, Plaintiff filed a first amended complaint. 

On July 5, 2023, Plaintiff filed a motion for an order that the truth of matters specified in requests for admission served on Morales be deemed admitted and for sanctions.  Morales has not filed an opposition. 

PARTY’S REQUEST         

Plaintiff requests that the Court order that the truth of matters specified in requests for admission served on Morales be deemed admitted and order Morales to pay $1,310 in sanctions. 

LEGAL STANDARD  

“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 October 13, 2022, Plaintiff served requests for admission, set one, on Morales.  Responses were due November 17, 2022.  Morales did not serve responses to these requests for admission.  (Declaration of Suraj Teppara (Teppara Dec.) ¶ 2.) 

On March 23, 2023, Plaintiff served amended requests for admission, set one, on Morales.  Responses were due April 24, 2023.  Morales did not serve responses to these requests for admission.  (Teppara Dec. ¶ 3.) 

The Court grants the motion and orders that the truth of matters specified in the requests for admission served on Morales be deemed admitted. 

Plaintiff Margarita Corona requests monetary sanctions of $1,310.00 based on 2.5 hours of attorney’s work at a rate of $500.00 per hour and 1 $60.00 filling fee.  Counsel spent 0.8 hours preparing the motion, 1.5 hours preparing a reply to any opposition, and 0.2 hours attending the hearing on the motion. The motion was unopposed and no reply was filed. The Court awards sanctions totaling $310.00 based on 1 hour of attorney’s work at a reasonable rate of $250.00 per hour and 1 $60 filing fee.  

CONCLUSION  

          The Court GRANTS Plaintiff Margarita Corona’s motion for an order that the truth of matters specified in requests for admission served on Defendant Jose Luis Morales be deemed admitted and orders that the matters specified in Plaintiff’s request for admissions, set one, and amended request for admissions, set one, be deemed admitted. 

          The Court GRANTS Plaintiff Margarita Corona’s request for sanctions and orders Defendant Jose Luis Morales and his counsel to pay Plaintiff $310 in sanctions within 30 days of the hearing on the motion. 

          Moving party is to give notice of this ruling.