Judge: Mark A. Young, Case: 22SMCV00083, Date: 2022-12-14 Tentative Ruling

Case Number: 22SMCV00083    Hearing Date: December 14, 2022    Dept: M

CASE NAME:           Shawbeth v. Kohan, et al.

CASE NO.:                22SMCV00083

MOTION:                  Motion to Deem Requests for Admissions Admitted

HEARING DATE:   12/14/2022

BACKGROUND

On November 17, 2022, Plaintiff Shawbeth Inc. filed five motions to compel initial discovery responses from Defendant Kohan.  Plaintiff requests: 1) to deem requests for admissions admitted; 2) compel responses to form interrogatories – general; 3) compel responses to form interrogatories – UD; 4) compel responses to demand for inspection and production of documents; and 5) compel responses to special interrogatories.

Plaintiff requests $1,465.00 in sanctions as to each motion, except the request for production motion which requests $1,765.00.

This hearing regards only the requests for admissions. No opposition was filed. The other motions are scheduled to be heard on December 15, 2022 and December 16, 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

            Here, Request for Admissions (Set One) were served on Defendant through her counsel on October 23, 2022. (Isaacs Decl., ¶ 4, Exs. A.) After receiving no timely response, Plaintiff inquired with defense counsel via email, but received no response. (Id., ¶ 5, Ex. B.) As Defendant failed to respond at all, the motion is GRANTED.  The requests for admissions are deemed admitted.

Sanctions

Monetary sanctions are mandatory, without exception. Plaintiff requests $1,465.00 in sanctions, which account for 1 hours of drafting and preparing the motions at issue, an anticipated 1 hour reviewing the opposition to the motion, and an anticipated 2 hours for appearance at the hearing.  Counsel’s rate is $350.00 per hour, with a $60 filing fee, and $15 parking charge.

However, there was no opposition, and thus no need to review an opposition or reply. Further, the fees are duplicative with the other pending motions. The other motions are substantially identical to this motion. Accordingly, Plaintiff’s request for sanctions is GRANTED in the reduced total amount of $410.00, inclusive of costs, against Defendant and counsel of record, jointly and severally. Sanctions to be paid to Plaintiff’s counsel within 30 days.