Judge: Mark A. Young, Case: 24SMCV04509, Date: 2025-01-08 Tentative Ruling

Case Number: 24SMCV04509    Hearing Date: January 8, 2025    Dept: M

CASE NAME:           Joseph v. Conico Roro Inc., et al.

CASE NO.:                24SMCV04509

MOTION:                  Motion to Compel Initial Discovery Responses

HEARING DATE:   1/8/2025

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 Megan Kamie Joseph moves to deem matters admitted as to her first set of Requests for Admissions propounded on Defendants Conico Santa Monica LLC and Conico Roro Inc. Plaintiff also requests sanctions in the amount of $3,088.18 for costs and fees against Defendants and their counsel of record, John Flock Esq.

On October 8, 2024, Plaintiff electronically served Defendants’ counsel with two sets of RFAs. (Mooshekh Decl., ¶¶ 4-7, Ex. 1.1, 2.1, and 3.1.) On November 12, 2024, the day that responses were due, Defendant requested a two-week extension making the deadline to respond November 26, 2024. (Mooshekh Decl., ¶ 9; Ex. 4.1.) Defendants failed to serve responses by the November 26, 2024, deadline. (Mooshekh Decl., ¶ 10.)

Defendants have failed to respond or oppose the instant motion.

Accordingly, the motion is GRANTED. Sanctions are mandatory without exception. Sanctions are imposed in the reasonable amount of $2,176.36, inclusive of costs, against Defendants and counsel of record, jointly and severally. Sanctions are to be paid to Plaintiff’s counsel within 30 days. The admissions are deemed admitted.