Judge: Lynne M. Hobbs, Case: 23STCV03882, Date: 2025-01-16 Tentative Ruling

Case Number: 23STCV03882    Hearing Date: January 16, 2025    Dept: 61

LARGETT WASHINGTON, JR. vs CELESTINE WASHINGTON-PALMER,, et al.

Tentative:

Plaintiff Largett Washington Jr.’s Motion to Deem Matters Admitted Against Defendant Celestine Washington-Palmer is GRANTED. Sanctions are awarded against Defendant in the amount of $3,272.50, payable within 30 days.

Plaintiff to provide notice.

Analysis:

I. MOTION TO DEEM 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 Largett Washington Jr. (Plaintiff) moves to deem matters admitted against Defendant Celestine Washington-Palmer. Plaintiff presents the declaration of his counsel, who states that requests for admissions were served on Defendant on September 5, 2024, with a due date of October 10, 2024. (Oberto Decl. ¶ 5.) No response was timely served, or has been served to date. (Oberto Decl. ¶ 6.)

Plaintiff has demonstrated that requests for admission were served, yet no response has been given. No opposition to the motion has been filed.

The motion is therefore 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 $3,272.50 in sanctions, representing 5.5 hours of attorney work at $595 per hour. (Oberto Decl. ¶ 8.)

Sanctions are awarded against Defendant in the amount of $3,272.50.