Judge: Mark E. Windham, Case: 21STLC01803, Date: 2022-08-31 Tentative Ruling

Case Number: 21STLC01803    Hearing Date: August 31, 2022    Dept: 26

PROCEEDINGS:                 MOTION TO DEEM REQUESTS FOR ADMISSION, SET ONE, ADMITTED AND REQUEST FOR SANCTIONS

MOVING PARTY:               Plaintiff Jimmy Garcia

RESPONDING PARTY:     None

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED

AND REQUEST FOR SANCTIONS

(CCP § 2033.280)

TENTATIVE RULING:  

Plaintiff Jimmy Garcia’s Motion to Deem Requests for Admission, Set One, Admitted and Request for Sanctions is GRANTED. DEFENDANT CHARLES SAN NICHOLAS IS TO PAY PLAINITFF JIMMY GARICA SANCTIONS OF $260.00 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 breach of contract.

RELIEF REQUESTED: Deem Requests for Admission, Set One, served on Defendant Charles San Nicholas on May 12, 2022, admitted. Award Plaintiff Garcia sanctions of $260.00.

OPPOSITION: None filed as of August 29, 2022.

REPLY:  None filed as of August 29, 2022.

ANALYSIS:

On May 12, 2022, Plaintiff Jimmy Garcia (“Plaintiff Garcia”) served Requests for Admissions, Set One, on Defendant Charles San Nicholas (“Defendant Charles”). (Motion, Garcia Decl., Exh. E.) Despite a meet and confer effort, no responses have been served. (Id. at Exhs. F-H and ¶8.) Plaintiff Garcia filed the instant Motion to Deem Requests for Admission, Set One, Admitted (“the Motion”) on July 19, 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 Charles’ failure to timely serve responses and resultant waiver of objections, Plaintiff Garcia 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).) Sanctions are appropriate under Code of Civil Procedure sections 2023.010 and 2023.030 and have been properly noticed. “A pro se litigant cannot recover attorney's fees as a discovery sanction, but he can recover the ‘reasonable expenses’ he has ‘incurred,’ including photocopying, computer-assisted legal research, and other identifiable and allocable costs.”  (Kravitz v. Superior Court (2001) 91 Cal.App.4th 1015, 1017.) Plaintiff Garcia’s unopposed request for $260.00 based on time taken off work and to file the Motion is granted. (Motions, Garcia Decl., ¶9.)

Conclusion

Plaintiff Jimmy Garcia’s Motion to Deem Requests for Admission, Set One, Admitted and Request for Sanctions is GRANTED. DEFENDANT CHARLES SAN NICHOLAS IS TO PAY PLAINITFF JIMMY GARICA SANCTIONS OF $260.00 WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.