Judge: Mark C. Kim, Case: 22LBCV00673, Date: 2023-03-14 Tentative Ruling

Case Number: 22LBCV00673    Hearing Date: March 14, 2023    Dept: S27

1.     Background Facts

Plaintiff, Camden USA, Inc. dba Camden Harbor View filed this action against Defendant, Mikaela Morrison on 10/25/22 for unlawful detainer.  The action was originally scheduled for trial on 2/21/23.  The parties agreed to continue the trial date to 3/14/23.    

2.     Motion to Deem RFAs Admitted

Plaintiff propounded RFAs on Defendant on 1/17/23.  Pursuant to CCP §2033.250(b), which governs responses to RFAs in the context of a UD action, responses were due on or before 1/27/23.  On 2/10/23, having received no responses to the RFAs, Plaintiff filed this motion and scheduled it for hearing on 3/14/23.

Any written opposition to the motion is due the day prior to the hearing.  CRC 3.1347(c).  The Court will also consider oral opposition at the time of the hearing.  CRC 3.1347(b).  The Court will grant the motion unless Defendant appears and indicates she served responses, in substantial compliance with the Code, prior to the hearing.  CCP §2033.280(c).

Sanctions are absolutely mandatory, and the Court must impose them regardless of good cause or substantial justification on the part of Defendant.  §2033.280(c).  Plaintiff seeks sanctions in the amount of $918 against Defendant.  Plaintiff does not, in its notice of motion, seek sanctions against Defense Counsel.  Plaintiff’s attorney supports the request for $918 in her supporting declaration, and it is granted in full.  Defendant is ordered to pay sanctions to Plaintiff, by and through its attorney of record, in the amount of $918, within twenty days. 

3.     CMC and Trial

The parties are reminded that there is a Case Management Conference on calendar today, and also that non-jury trial is scheduled to commence today.