Judge: Mark A. Young, Case: 24SMCV02785, Date: 2024-12-10 Tentative Ruling

Case Number: 24SMCV02785    Hearing Date: December 10, 2024    Dept: M

CASE NAME:           Diplomat Property Manager LLC v. Drinkwater

CASE NO.:                24SMCV02785

MOTION:                  Motion to Compel Initial Discovery Responses

HEARING DATE:   12/10/2024

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 

Plaintiff Diplomat Property Manager LLC moves to deem matters admitted as to its Requests for Admissions (Set One) against Defendant Ginger Drinkwater, and requests sanctions against Drinkwater in the amount of $1,215.00.

On August 9, 2024, Plaintiff served Drinkwater with RFA, Set No. 1. (Yassin Decl., ¶ 2.) Drinkwater’s responses were due September 13, 2024. On September 17, 2024, having received no discovery responses, Plaintiff sent a letter to Drinkwater notifying her of the outstanding responses and requesting responses by September 30, 2024.. (Yassin Decl., ¶ 4.) Drinkwater failed to respond to the outstanding discovery. (¶¶ 5-6.) Plaintiff thus demonstrates Drinkwater’s failure to respond to duly served RFAs. No opposition was submitted.

Accordingly, the motion is GRANTED. Sanctions are mandatory, without exception. Sanctions are imposed in the reasonable amount of $710.00, taking into consideration the nature of the motion and no need for a reply brief.