Judge Mark A. Young, Case Number: 20SMCV01355, Date: 2023-09-27 Tentative Ruling

Judge: Mark A. Young, Case: 20SMCV01355, Date: 2023-09-27 Tentative Ruling

Case Number: 20SMCV01355 Hearing Date: December 8, 2023 Dept: M

CASE NO.: 20SMCV01355

MOTION: Motion to Deem Matters Admitted

HEARING DATE: 12/8/2023

Legal Standard

Pursuant to Code of Civil Procedure section 2033.280(b), a 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). “Failure to timely respond to RFA does not result in automatic admissions. Rather, the propounder of the RFA must ‘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 § 2023.010 et seq.” (CCP, § 2033.280(b).) The court “shall” grant the motion to deem RFA admitted, “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.” (CCP, § 2033.280(c).)

Analysis

Cross-Defendant GSI Exchange moves to deem matters admitted against Cross-Complainant Mark Cowper due to his failure to timely respond to the Requests for Admissions, set one (RFAs). In opposition, Cowper claims that the instant motion was not timely served. However, the proof of service shows timely service on November 14, 2023.

On August 6, 2023, GSI served Cowper with RFAs, and other discovery. (Thompson Decl., ¶ 2.) GSI’s counsel then implies that Cowper failed to serve a response. (Id. ¶ 3.) Cowper does not dispute that he failed to timely respond to the instant RFAs. In opposition, Cowper claims that he did not receive a “second” set of RFAs in August 2023 until this motion was served. (Belshaw Decl., ¶ 5.) Cowper’s counsel notes that Cowper responded to earlier-served RFAs in January 2023. (Id. ¶¶ 3-4.) However, the two sets of RFAs are substantially different, even if they share some of the same requests. In any event, Cowper served a response to the subject RFAs on November 27, 2023, well before the instant hearing date. Thus, the motion is MOOT.

Monetary sanctions are mandatory, without exception. Plaintiff claims 8 billable hours at the reduced billable rate of $275, or $2,200, plus a filing fee of $61.65. (Thompson decl., ¶ 4.) The Court finds this amount to be excessive, given the relative simplicity of the motion and the presented issues. The Court will impose sanctions in the reduced, reasonable amount of $1,086.65, inclusive of costs, against Cowper and his counsel of record, jointly and severally. Sanctions to be paid to Plaintiff’s counsel within 30 days.