Judge: Lynne M. Hobbs, Case: 21STCV46299, Date: 2024-01-25 Tentative Ruling

Case Number: 21STCV46299    Hearing Date: February 7, 2024    Dept: 30

HEIDI K. DIAZ vs JOSEPH JAMES MARTIN

TENTATIVE

Defendant Joseph James Martin’s motion to deem admissions admitted is GRANTED. The truth of the matters in the request for admissions, set one, served on Plaintiff Heidi K. Diaz are admitted.

Defendant’s request for sanctions is GRANTED. The Court orders Plaintiff Heidi K. Diaz to pay monetary sanctions in the amount of $310 to Defendant within 20 days of this order.

Moving party is ordered to give notice.

Discussion

On February 10, 2023, Defendant served Request for Admissions, Set One, on Plaintiff. (Chowdhury Decl., Exh. A.) To date, responses have not been provided. (Id., ¶ 6.)

Because Defendant properly served the requests for discovery, and Plaintiff has failed to provide verified responses, the Court finds Defendant is entitled to an order establishing the truth of the matters in the request for admissions served on Plaintiff. Therefore, the motion is granted.

Defendant also requests sanctions. Sanctions are mandatory in connection with a motion to deem the truth of the matter in the requests for admissions admitted. (Code Civ. Proc. § 2033.280(c).) Thus, the request for sanctions in connection with this motion is granted. However, the amount awarded is reduced due to the simplicity of this motion and lack of opposition. As such, the Court imposes sanctions against Plaintiff in the amount of $310 ($250 per hour for one hour, plus $60 filing fee) to be paid within 20 days of this order.