Judge: Mark E. Windham, Case: 20STCV33513, Date: 2022-07-25 Tentative Ruling

If you desire to submit on the tentative ruling, you may do so by e-mailing Dept. 26 at the Spring Street Courthouse until the morning of the motion hearing.

The e-mail address is SSCdept26@lacourt.org

The heading on your e-mail should contain the case name, number, hearing date, and that you submit. The message should indicate your name, contact information, and the party you represent. Please note, the above e-mail address is to inform the court of your submission on the tentative ruling. All other inquiries will not receive a response.

If there are no appearances by either side and no submission on the Court's tentative ruling, the matter will be placed OFF CALENDAR. 

Due to overcrowding concerns of COVID-19, all parties shall make every effort to schedule a remote appearance via LACourtConnect (https://my.lacourt.org/laccwelcome) for their next hearing. The parties shall register with LACourtConnect at least 2 hours prior to their scheduled hearing time. 

 **Please note we no longer use CourtCall** 

Case Number: 20STCV33513    Hearing Date: July 25, 2022    Dept: 26

 

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED; REQUEST FOR SANCTIONS

(CCP § 2033.280)

 

 

TENTATIVE RULING:  

           

Plaintiff Interinsurance Exchange of the Automobile Club’s Motion to Deem Requests for Admission Admitted and Request for Sanctions is GRANTED. DEFENDANT MONTE LASHAWN COLLINS AKA MONTE COLLINS IS ORDERED TO PAY SANCTIONS OF $245.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

 

On March 7, 2022, Plaintiff Interinsurance Exchange of the Automobile Club (“Plaintiff”) served Requests for Admissions on Defendant Monte Lashawn Collins aka Monte Collins (“Defendant”). (Motion, McClain Decl., Exh. A.) Despite a meet and confer effort, Defendant did not serve responses to the Requests for Admission. (Id. at ¶¶5-7 and Exh. B.) Plaintiff filed the instant Motion to Deem Requests for Admission Admitted (“the Motion”) on June 15, 2022. No opposition has been filed to date.

 

There is no requirement for a prior meet and confer effort before a motion to deem requests for admission can be filed. (Code Civ. Proc., § 2033.280.) Further, the motion can be brought any time after the responding party fails to provide the responses. (Code Civ. Proc., § 2033.280.) Due to Defendant’s failure to timely serve responses and resultant waiver of objections, Plaintiff is entitled to an order deeming the Requests for Admission admitted. (Code Civ. Proc., § 2033.280.)

 

The Court is required to award sanctions under the moving statute. (Code Civ. Proc., § 2033.280, subd. (c).) While properly noticed, the sanctions sought are excessive under a lodestar calculation. Sanctions are granted against Defendant in the amount of $245.00, based on one hour of attorney time billed at $185.00 per hour, plus the $60.00 filing fee. (Motion, McClain Decl., ¶10.)

 

Conclusion

 

Plaintiff Interinsurance Exchange of the Automobile Club’s Motion to Deem Requests for Admission Admitted and Request for Sanctions is GRANTED. DEFENDANT MONTE LASHAWN COLLINS AKA MONTE COLLINS IS ORDERED TO PAY SANCTIONS OF $245.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

 

 

Moving party to give notice.