Judge: Mark E. Windham, Case: 20STCV33513, Date: 2022-09-08 Tentative Ruling

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Case Number: 20STCV33513    Hearing Date: September 8, 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.

 

 

SERVICE OF MOTION:

[X] Proof of Service Timely Filed (CRC 3.1300) OK

[X] Correct Address (CCP 1013, 1013a) OK

[X] 16/21 Day Lapse (CCP 12c and 1005 (b)) OK

 

SUMMARY OF COMPLAINT: Action for automobile subrogation.

 

RELIEF REQUESTED: Deem Requests for Admission, Set One, served on Defendant on March 7, 2022, admitted. Award Plaintiff sanctions of $615.00.

 

OPPOSITION: None filed as of September 6, 2022.

 

REPLY:  None filed as of September 6, 2022.

 

 

 

 

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.

 

The Motion initially came for hearing on July 25, 2022, at which time Defendant appeared. (Minute Order, 07/25/22.) The Court continued the hearing to September 8, 2022. (Ibid.) No new papers, nor any opposition, have 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.