Judge: Mark A. Young, Case: 21SMCV00716, Date: 2022-09-06 Tentative Ruling

Case Number: 21SMCV00716    Hearing Date: September 6, 2022    Dept: M

CASE NAME:           SMC Specialty Finance, v. Sanping, et al.

CASE NO.:                21SMCV00716

MOTION:                  Motion to Deem Matters Admitted as to Request for Admissions

HEARING DATE:   9/6/2022

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

            On August, 5, 2022, Plaintiff filed the instant motion to deem matters admitted against Defendant Zhengfu Pictures Ltd.  On May 3, 2022, Plaintiff served written discovery on Zhengfu, including Requests for Admission (Set One) (the “RFAs”). (Gorham Decl. ¶2, Ex. B.) Despite multiple granted extensions, Zhengfu failed to respond to the RFAs by the agreed-upon dates. (Id., ¶¶ 3-9.)

            In opposition, Zhengfu claims that the motion is moot because it “intends” on serving responses. (Opp. at 3.) Zhengfu thereby admits that it has not provided responses, despite their obligation to provide responses. Accordingly, the motion must be GRANTED.

Monetary sanctions are mandatory, without exception. (CCP §§ 2033.280(c).) Plaintiff requests a sanction of $5,273,92 against Zhengfu, which is $2,600 in fees and $73.92 in costs relating to filing this Motion, and an anticipated $2,600 to reply and appear at the hearing. (Gorham Decl. ¶11.) Given the limited nature of the reply, the Court is inclined to grant reasonable sanctions in the amount of $2,673.26, inclusive of costs, against Zhengfu.