Judge Mark E. Windham, Case 21STLC05706 2022-09-29 Tentative Ruling

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Plaintiff State Farm Mutual Automobile Insurance Company’s (1) Motion to Deem Requests for Admission, Set One, Admitted Against Alejandro Casillas and Request for Sanctions; and (2) Motion to Deem Requests for Admission, Set One, Admitted Against Janelle Zenteno and Request for Sanctions, are GRANTED. DEFENDANTS ALEJANDRO CASILLAS AND JANELLE ZENTENO ARE EACH ORDERED TO PAY SANCTIONS OF $360.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

RELIEF REQUESTED: Deem Requests for Admission, Set One, served on Defendants Alejandro Casillas and Janelle Zenteno on October 12, 2021, admitted. Award Plaintiff sanctions of $460.00 per motion.

On October 12, 2021, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) served Requests for Admissions, Set One, on Defendants Janelle Zenteno (“Defendant Janelle Zenteno”) and Alejandro Casillas (“Defendant Casillas”). (Motions, Reese Decl., Exh. A.) Despite a meet and confer effort, Defendants Janelle Zenteno and Casillas did not serve responses to the Requests for Admission. (Id. at ¶¶2-3 and Exh. B.) Plaintiff filed the instant Motions to Deem Requests for Admission, Set One, Admitted, and Request for Sanctions (“the Motions”) 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 Defendants Janelle Zenteno and Casillas’ 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 Defendants Janelle Zenteno and Casillas in the amount of $360.00 each, based on one hour of attorney time billed at $300.00 per hour, plus the $60.00 filing fee. (Motions, Reese Decl., ¶5.)