Judge: Lisa R. Jaskol, Case: 23STCV08102, Date: 2024-06-24 Tentative Ruling

Case Number: 23STCV08102    Hearing Date: June 24, 2024    Dept: 28

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

BACKGROUND 

On April 12, 2023, Plaintiff Mercury Insurance Company (“Plaintiff”) filed this action against Defendants Elijah Ochoa (“Ochoa”), Ruth Vargas aka Ruth Zapeta (“Vargas”), and Does 1-20 for auto negligence—subrogation. 

On June 16, 2023, Ochoa and Vargas filed answers. 

On May 6, 2024, Plaintiff filed motions to deem admitted matters specified in requests for admission and for sanctions.  The motions were set to be heard on June 24, 2024.  Ochoa and Vargas have not filed oppositions. 

Trial is currently scheduled for October 9, 2024. 

PARTY’S REQUESTS 

Plaintiff asks the Court to deem admitted matters specified in requests for admission, set one, served on Ochoa and Vargas and to 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 September 20, 2023, Plaintiff served requests for admission, set one, on Ochoa and Vargas.  Ochoa and Vargas did not serve timely responses and had not served responses by the time Plaintiff filed these motions. 

The Court grants the motions and deems admitted the matters specified in the requests for admission served on Ochoa and Vargas. 

Plaintiff requests sanctions of $1,035.00 against Ochoa and $1,035.00 against Vargas based on 1.5 hours of attorney time at a rate of $650.00 per hour and one $60.00 filing fee for each motion.  Counsel spent one hour drafting each motion and anticipates spending .5 hours  to attend the hearing.  The Court awards $435.00 in sanctions against Ochoa and $435.00 in sanctions against Vargas based on 1.5 hours of attorney time at a reasonable rate of $250.00 per hour and one filing fee for each motion. 

CONCLUSION 

The Court GRANTS Plaintiff Mercury Insurance Company’s motion to deem admitted matters specified in requests for admission, set one, served on Defendant Elijah Ochoa.  The Court deems the matters admitted. 

The Court GRANTS Plaintiff Mercury Insurance Company’s request for sanctions and orders Defendant Elijah Ochoa to pay Plaintiff Mercury Insurance Company $435.00 by July 24, 2024. 

The Court GRANTS Plaintiff Mercury Insurance Company’s motion to deem admitted matters specified in requests for admission, set one, served on Defendant Ruth Vargas aka Ruth Zapeta.  The Court deems the matters admitted. 

The Court GRANTS Plaintiff Mercury Insurance Company’s request for sanctions and orders Defendant Ruth Vargas aka Ruth Zapeta to pay Plaintiff Mercury Insurance Company $435.00 by July 24, 2024. 

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.