Judge: Mark E. Windham, Case: 21STLC04785, Date: 2022-10-10 Tentative Ruling

Case Number: 21STLC04785    Hearing Date: October 10, 2022    Dept: 26

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED;

REQUEST FOR SANCTIONS

(CCP § 2033.280)

TENTATIVE RULING:  

Plaintiff Lanay Miller’s Motion to Deem Requests for Admission Admitted and Request for Sanctions is GRANTED. DEFENDANT ALBERT LEWIS PALMIERI IS ORDERED TO PAY SANCTIONS OF $211.65 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 damages arising from dog attack.

RELIEF REQUESTED: Deem Requests for Admission, Set One, served on Defendant Albert Lewis Palmieri on October 11, 2021, admitted. Award Plaintiff sanctions of $1,291.65.

OPPOSITION: None filed as of October 6, 2022.

REPLY:  None filed as of October 6, 2022.

ANALYSIS:

On October 11, 2021, Plaintiff Lanay Miller (“Plaintiff”) served Requests for Admissions on Defendant Albert Lewis Palmieri (“Defendant Palmieri”). (Motion, Sapir Decl., Exhs. 1-2.) To date, Defendant Palmieri has not served responses to the Requests for Admission. (Id. at ¶4.) Plaintiff filed the instant Motion to Deem Requests for Admission Admitted (“the Motion”) on August 18, 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 Palmieri’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 Palmieri in the amount of $211.65, based on half-an-hour of attorney time billed at $300.00 per hour, plus the $61.65 filing fee. (Motion, Sapir Decl., ¶5.)

Conclusion

Plaintiff Lanay Miller’s Motion to Deem Requests for Admission Admitted and Request for Sanctions is GRANTED. DEFENDANT ALBERT LEWIS PALMIERI IS ORDERED TO PAY SANCTIONS OF $211.65 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.