Judge: Lynne M. Hobbs, Case: 22STCV11887, Date: 2024-01-02 Tentative Ruling

Case Number: 22STCV11887    Hearing Date: January 4, 2024    Dept: 30

BERNABE ROSALES vs KIM CORDETA

TENTATIVE

Plaintiff Bernabe Rosales motion to deem admissions admitted are GRANTED. The truth of the matters in the request for admissions, set one, served on Defendant Marek Hudec are admitted.

Plaintiff’s request for sanctions is GRANTED. The Court orders Defendant Marek Hudec to pay monetary sanctions in the amount of $560 within 20 days of this order.

Moving party is ordered to give notice.

Discussion

On September 15, 2023, Plaintiff served Request for Admissions, Set One, on Defendant. (Lee Decl., ¶ 4; Exh. A.) Responses were due on or before October 18, 2023. To date, responses have not been provided. (Id., ¶ 9.)

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

Plaintiff 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 Defendant in the amount of $560 ($500 per hour for one hour, plus $60 filing fee) to be paid within 20 days of this order.