Judge: Mark E. Windham, Case: 21STLC05706, Date: 2022-09-28 Tentative Ruling

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Case Number: 21STLC05706    Hearing Date: September 28, 2022    Dept: 26

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED;

REQUEST FOR SANCTIONS

(CCP § 2033.280)

 

 

TENTATIVE RULING:  

           

Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Deem Requests for Admission Admitted and Request for Sanctions is GRANTED. DEFENDANT JONATHAN FABIAN ZENTENO AKA JOHNATHAN FABIAN ZENTENO IS ORDERED TO PAY SANCTIONS OF $260.00 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 automobile subrogation.

 

RELIEF REQUESTED: Deem Requests for Admission, Set One, served on Defendant Jonathan Fabian Zenteno on October 12, 2021, admitted. Award Plaintiff sanctions of $460.00.

 

OPPOSITION: None filed as of September 25, 2022.

 

REPLY:  None filed as of September 25, 2022.

 

 

ANALYSIS:

 

On October 12, 2021, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) served Requests for Admissions on Defendant Jonathan Fabian Zenteno and Johnathan Fabian Zenteno (“Defendant Zenteno”). (Motion, Reese Decl., Exh. A.) Despite a meet and confer effort, Defendant Zenteno did not serve responses to the Requests for Admission. (Id. at ¶¶2-3 and Exh. B.) Plaintiff filed the instant Motion to Deem Requests for Admission Admitted (“the Motion”) on May 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 Zenteno’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 Zenteno in the amount of $260.00, based on one hour of attorney time billed at $200.00 per hour, plus the $60.00 filing fee. (Motion, Reese Decl., ¶5.)

 

Conclusion

 

Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Deem Requests for Admission Admitted and Request for Sanctions is GRANTED. DEFENDANT JONATHAN FABIAN ZENTENO AKA JOHNATHAN FABIAN ZENTENO IS ORDERED TO PAY SANCTIONS OF $260.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

 

 

Moving party to give notice.