Judge Mark E. Windham, Case 20STLC04437 2023-04-24 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.

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Hashemi v. County of Los Angeles, et al.

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED;

Defendant Thomas Song’s Motion to Deem Requests for Admission, Set One, Admitted and Request for Sanctions is GRANTED. PLAINTIFF SAYED HASHEMI IS ORDERED TO PAY SANCTIONS OF $300.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

On January 12, 2023, Defendant Thomas Song (“Defendant Song”) served Requests for Admissions, Set One, on Plaintiff Sayed Hashemi (“Plaintiff”). (Motion, Parker Decl., Exh. 1.) Plaintiff has not served responses to the Requests for Admission. (Id. at ¶4.) Defendant Song filed the instant motion to deem Requests for Admission, Set One, admitted and award monetary sanctions on March 3, 2023.

The motion initially came for hearing on March 30, 2023 and was continued to April 24, 2023. Defendant Song filed an Amended Answer on April 3, 2023. No opposition to the motion 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 Plaintiff’s failure to timely serve responses, Defendant Song is entitled to an order deeming the Requests for Admission, Set One, admitted. (Code Civ. Proc., § 2033.280.)

The Court is also required to award sanctions under the moving statute. (Code Civ. Proc., § 2033.280, subd. (c).) While properly noticed, the amount of sanctions sought is excessive. Based on a lodestar calculation, sanctions are granted against Plaintiff in the amount of $300.00 based on half-an-hour of attorney time billed at $600.00 per hour. (Motion, Parker Decl., ¶¶5-6.)