Judge: Lynne M. Hobbs, Case: 21STCV26816, Date: 2025-01-21 Tentative Ruling

Case Number: 21STCV26816    Hearing Date: January 21, 2025    Dept: 61

SLAUSON SUPER MALL, INC., A CALIFORNIA CORPORATION vs WORLDWIDE ATM, INC., A CALIFORNIA CORPORATION

Tentative

Plaintiff Slauson Super Mall, Inc.’s Motion to Deem Matters Admitted against Defendant Worldwide ATM, Inc. is GRANTED. Sanctions are awarded against Defendant in the amount of $2,335.00, payable within 30 days.

Plaintiff to provide notice.

Analysis:

I. MOTION TO DEEM MATTERS ADMITTED

 "Any party may obtain discovery . . . by a written request that any other party to the action admit the genuineness of specified documents, or the truth of specified matters of fact, opinion relating to fact, or application of law to fact. A request for admission may relate to a matter that is in controversy between the parties.” (Code Civ. Proc., § 2033.010.) If a party fails to serve a timely response to requests for admissions, “[t]he 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” (Code Civ. Proc., § 2033.280 subd. (b).) A party who fails to timely respond to requests for admission waives all objections to the requests. (Code Civ. Proc. § 2033.280, subd. (a).)

Plaintiff Slauson Super Mall, Inc. (Plaintiff) moves to deem matters admitted against Defendant Worldwide ATM, Inc. (Defendant). Plaintiff served requests for admission upon Defendant on June 5, 2024, with responses due by July 7, 2024. (Lavaee Decl. ¶¶ 2–3.) No responses were served by the due date, and despite efforts to reach out to Defendant, no responses have been provided. (Lavaee Decl. ¶¶ 4–8.) No opposition to the motion has been filed.

As no responses to the requests for admission have been served, the motion is GRANTED.

I. SANCTIONS

The prevailing party on a motion to compel is generally entitled to monetary sanctions, unless the court “finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” (Code Civ. Proc. §§ 2030.290, 2031.300.) Sanctions are also mandatory against a party whose failure to serve responses to requests for admission makes the motion necessary. (Code Civ. Proc. § 2033.280, subd. (c).)

Plaintiff seeks $2,335.00 in attorney fees and costs, representing 3.5 hours of attorney work at $650 per hour, plus a $60 filing fee. (Lavaee Decl. ¶ 11.)

Sanctions are awarded against Defendant in the amount of $2,335.00.