Judge: Lisa R. Jaskol, Case: 22STCV33338, Date: 2023-07-10 Tentative Ruling

Case Number: 22STCV33338    Hearing Date: December 19, 2023    Dept: 28

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

BACKGROUND 

On October 12, 2022, Plaintiff Andrea Smith (“Plaintiff”) filed this action against Defendant Estate of Carl Bryant, Deceased (“Defendant”) for motor vehicle negligence. 

On March 21, 2023, Defendant filed an answer. 

On June 8, 2023, Defendant filed a motion to deem admitted matters specified in requests for admission, set one, and for sanctions.  The motion was set for hearing on November 1, 2023.  The Court continued the hearing to December 19, 2023.  Plaintiff has not filed an opposition. 

Trial is currently scheduled for April 10, 2024. 

PARTY’S REQUEST 

Defendant requests that the Court deem admitted the matters specified in requests for admission, set one, and impose 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 March 21, 2023, Defendant served requests for admission, set one, on Plaintiff. Plaintiff did not provide timely responses and had not provided responses by the time Defendant filed this motion.         

The Court grants Defendant’s motion and deems admitted the matters specified in the requests for admission. 

Defendant requests monetary sanctions of $860.00 based on four hours of attorney’s work at a rate of $200 per hour and $60.00 in filing fees.  Counsel spent two hours drafting the motion and anticipated spending one hour replying to any opposition and one hour attending the hearing.  The motion is unopposed. The Court grants $460.00 in sanctions based on two hours of attorney’s time and one filing fee. 

CONCLUSION 

The Court GRANTS the motion of Defendant Estate of Carl Bryant, Deceased to deem admitted the matters specified in requests for admission, set one. The Court deems admitted the matters specified in the requests for admission. 

The Court GRANTS Defendant Estate of Carl Bryant, Deceased’s request for sanctions and orders Plaintiff Andrea Smith and her counsel to pay Defendant Estate of Carl Bryant, Deceased $460 by January 18, 2024. 

Moving party is to give notice of the Court’s ruling. 

Moving party is to file proof of service of the Court’s ruling within five days.