Judge: Mark E. Windham, Case: 21STLC00329, Date: 2022-09-21 Tentative Ruling

Case Number: 21STLC00329    Hearing Date: September 21, 2022    Dept: 26

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED

AND REQUEST FOR SANCTIONS

(CCP § 2033.280)

TENTATIVE RULING:  

(1) Minor Plaintiff Alia Abuhassan’s Motion to Deem Requests for Admission, Set One, Admitted Against Defendant Rebecca Davoran; and Request for Sanctions; (2) Minor Plaintiff Alia Abuhassan’s Motion to Deem Requests for Admission, Set One, Admitted Against Defendant John Davoran; and Request for Sanctions; and (3) Plaintiff Maliheh Shajari’s Motion to Deem Requests for Admission, Set One, Admitted Against Defendant John Davoran; and Request for Sanctions, are DENIED.

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 motor vehicle negligence.

RELIEF REQUESTED: Deem Requests for Admission, Set One, served on Defendant Rebecca Davoren on May 6, 2022, admitted. Order Defendant Rebecca Davoren to pay sanctions of $1,450.00.

OPPOSITION: Plaintiff did not meet and confer regarding the Requests for Admission. Defendant Rebecca Davoren served responses as soon as she was aware of the Motion, then served Amended Responses with no objections on August 16, 2022. Defendant Rebecca Davoren is entitled to relief from the waiver of objections due to defense counsel’s excusable mistake or inadvertence. Plaintiff Abuhassan should be sanctioned for bringing this Motion in bad faith.

REPLY: None filed as of September 19, 2022.

ANALYSIS:

On May 6, 2022, Minor Plaintiff Alia Abuhassan (“Minor Plaintiff Abuhassan”) served Requests for Admissions, Set One, on Defendants Rebecca Davoren and John Davoren (“Defendants”). (Motions, Jaafari Decl., Exh. 1.) Plaintiff Maliheh Shajari (“Plaintiff Shajari”) also served Requests for Admissions, Set One, on Defendant John Davoren on May 6, 2022. (Ibid.) The parties agreed to extend the deadline to respond to June 23, 2022. (Id. at ¶2 and Exh. 2.) Following Defendants’ failure to serve responses, Minor Plaintiff Abuhassan and Plaintiff Shajari filed the instant Motions to Deem Requests for Admission Admitted and Request for Sanctions on August 1, 2022. (Id. at ¶5.) Defendants filed oppositions on August 18, 2022.

Trial in this action is set for September 30, 2022. The corresponding cutoffs for discovery and discovery motions, therefore, were August 31, 2022 and September 15, 2020, respectively. (Code Civ. Proc., § 2024.020, subd. (a).) The instant Motions, are set to be heard after the statutory cutoff for discovery motions.

The Court cannot grant discovery motions after the cutoff date unless the moving party has moved under Code of Civil Procedure section 2024.050 to have the motions heard closer to the trial date. (Pelton-Shepherd Industries, Inc. v. Delta Packaging Products, Inc. (2008) 165 Cal.App.4th 1568, 1586-1587.) The Court’s discretion in allowing the motions to be heard closer to the trial date than allowed by Code of Civil Procedure section 2024.020 is bounded by the requirements of Code of Civil Procedure section 2024.050, which include submission of a meet and confer declaration and the trial court’s consideration of the statutory factors. (Ibid.)

Here, the Motions are not accompanied by a meet and confer declaration, nor by a discussion of the statutory factors allowing the Court to hear these Motions after the cutoff date.

Conclusion

Therefore, (1) Minor Plaintiff Alia Abuhassan’s Motion to Deem Requests for Admission, Set One, Admitted Against Defendant Rebecca Davoran; and Request for Sanctions; (2) Minor Plaintiff Alia Abuhassan’s Motion to Deem Requests for Admission, Set One, Admitted Against Defendant John Davoran; and Request for Sanctions; and (3) Plaintiff Maliheh Shajari’s Motion to Deem Requests for Admission, Set One, Admitted Against Defendant John Davoran; and Request for Sanctions, are DENIED.

Moving party to give notice.