Judge Mark E. Windham, Case 21STCV23896 2023-03-16 Tentative Ruling

Judge: Mark E. Windham, Case: 21STCV23896, Date: 2023-03-16 Tentative Ruling

Case Number: 21STCV23896 Hearing Date: March 16, 2023 Dept: 26

Guerrero v. City of Los Angeles, et al.

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED;

REQUEST FOR SANCTIONS

(CCP § 2033.280)TENTATIVE RULING:

Defendant City of Los Angeles’ Motion to Deem Requests for Admission, Set One, Admitted and Request for Sanctions is GRANTED. PLAINTIFF GUADALUPE GUERRERO IS ORDERED TO PAY SANCTIONS OF $365.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

On November 28, 2022, Defendant City of Los Angeles (“Defendant”) served Requests for Admissions, Set One, on Plaintiff Guadalupe Guerrero (“Plaintiff”). (Motion, Quach Decl., Exh. A.) Despite a meet and confer effort, Plaintiff has not served responses to the Requests for Admission. (Id. at ¶¶4-5 and Exh. B.) Defendant filed the instant Motion to Deem Requests for Admission Admitted on February 17, 2023. 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 Plaintiff’s failure to timely serve responses, Defendant 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 under a lodestar calculation. Sanctions are granted against Plaintiff in the amount of $365.00 based on one hour of attorney time billed at $365.00 per hour. (Motion, Quach Decl., ¶6.)

Conclusion

Moving party to give notice.