Judge Mark E. Windham, Case 21STLC06910 2022-08-04 Tentative Ruling

Judge: Mark E. Windham, Case: 21STLC06910, Date: 2022-08-04 Tentative Ruling

Case Number: 21STLC06910 Hearing Date: August 4, 2022 Dept: 26

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED;

AND REQUEST FOR SANTIONS

(CCP § 2033.280)

TENTATIVE RULING:

Plaintiff American Modern Property & Casualty Insurance Company’s Motion to Deem Requests for Admission Admitted and Request for Sanctions is GRANTED. DEFENDANT PEDRO F. ROJAS MUNOZ IS ORDERED TO PAY SANCTIONS OF $210.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

Plaintiff American Modern Property & Casualty Insurance Company (“Plaintiff”) served Requests for Admissions on Defendant Pedro F. Rojas Munoz (“Defendant”) on January 31, 2022. (Motion, Taylor Decl., Exh. 1.) Despite a meet and confer effort, Defendant did not serve responses to the Requests for Admission. (Id. at ¶5 and Exh. B.)

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 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 in the amount of $210.00, based on half-an-hour of attorney time billed at $300.00 per hour, plus the $60.00 filing fee. (Motion, Taylor Decl., ¶6.)

Conclusion

Moving party to give notice.