Judge: Lisa R. Jaskol, Case: 22STCV37067, Date: 2023-09-08 Tentative Ruling

Case Number: 22STCV37067    Hearing Date: September 8, 2023    Dept: 28

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

BACKGROUND 

On November 23, 2022, Plaintiff Najib Almansour (“Plaintiff”) filed this action against Defendant Mario Velasquez (“Defendant”) for motor vehicle tort. 

On January 13, 2023, Defendant filed an answer. 

On July 27, 2023, Plaintiff filed a “Motion to Deem Plaintiff’s Request for Admissions Admitted by Defendant” to be heard on September 8, 2023. On August 28, 2023, Defendant filed an opposition. 

Trial is currently scheduled for May 22, 2024. 

PARTIES’ REQUESTS

Plaintiff requests that the Court order the truth of the matters specified in Plaintiff’s requests for admissions, set one, be deemed admitted.  Plaintiff also asks the Court to impose $1,060.00 in sanctions on Defendant and Defendant’s counsel.

Defendant requests that the Court deny the motion AND award sanctions in an amount less than Plaintiff requests. 

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 January 30, 2023, Plaintiff served requests for admission, set one, on Defendant.  Responses were due June 23, 2023.  Defendant did not serve responses before Plaintiff filed this motion on July 27, 2023. 

On August 23, 2023 – before the September 8, 2023 hearing on Plaintiff’s motion – Defendant served verified responses to the requests for admission.  (Declaration of Shingo Andrew Amano ¶ 2.)  Plaintiff has not asserted that the responses are not in substantial compliance with Code of Civil Procedure section 2033.220.  Therefore, the Court denies Plaintiff’s request for an order that the truth of matters specified in the requests for admission be deemed admitted.  (See Code Civ. Proc., § 2033.280, subd. (c).) 

“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, subd. (c).)  Plaintiff requests that the Court award $1,060.00 in sanctions based on 2 hours of attorney's work at a rate of $500.00 per hour, and 1 $60.00 filling fee. The Court grants $560.00 in sanctions based on 2 hours of attorney’s work at a reasonable rate of $250.00 per hour. 

CONCLUSION  

          The Court DENIES Plaintiff Najib Almansour’s motion for an order that the truth of matters specified in requests for admission served on Defendant Mario Velasquez be deemed admitted. 

          The Court GRANTS Plaintiff Najib Almansour’s request for sanctions and orders Defendant Mario Velasquez and his counsel to pay Plaintiff $560 in sanctions within 30 days of the hearing on the motion. 

          Moving party is 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.