Judge: Mark A. Young, Case: 24SMCV02530, Date: 2025-02-20 Tentative Ruling

Case Number: 24SMCV02530    Hearing Date: February 20, 2025    Dept: M

CASE NAME:           Walter v. Chilli Thai Inc.

CASE NO.:                24SMCV02530

MOTION:                  Motion to Compel Initial Discovery Responses

HEARING DATE:   2/20/2025

Legal Standard

Pursuant to CCP 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 

Plaintiff Steve Walter moves to deem matters admitted as to his first set of Requests for Admissions propounded on Defendant Arnon Thabthimsri. Plaintiff requests joint and several sanctions against Defendant and his counsel of record, Minh Nguyen-Duy, in the sum of $1,578.00.

On October 18, 2024, Defendant was served with Plaintiff’s first Request for Admissions, with responses due on November 19, 2024. (Balesh Decl., Exs. 1.) Through meet and confer efforts, Plaintiff’s counsel granted an extension to respond without objection through December 20, 2024. Despite further meet and confer efforts, no response was ever received. (Balesh Decl., ¶8.) Defendants have failed to respond or oppose the instant motions. At the hearing on February 19, 2025, the Court learned that responses had been submitted.  Therefore, the motion is moot.

However, sanctions are mandatory without exception. Sanctions are imposed in the reasonable amount of $828.00 against Defendants and his counsel of record, jointly and severally. Sanctions are to be paid to Plaintiff’s counsel within 30 days.