Judge Mark E. Windham, Case 21STLC07120 2022-12-05 Tentative Ruling

Judge: Mark E. Windham, Case: 21STLC07120, Date: 2022-12-05 Tentative Ruling

Case Number: 21STLC07120 Hearing Date: December 5, 2022 Dept: 26

Johnson & Johnson LLP v. Salas, et al.

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED;

REQUEST FOR SANCTIONS

(CCP § 2033.280)

TENTATIVE RULING:

Plaintiff Johnson & Johnson LLP’s Motion to Deem Requests for Admission Admitted and Request for Sanctions is GRANTED. DEFENDANT MATTHEW TEUTIMEZ IS ORDERED TO PAY SANCTIONS OF $310.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

On May 27, 2022, Plaintiff Johnson & Johnson LLP (“Plaintiff”) served Requests for Admissions on Defendant Matthew Teutimez (“Defendant Teutimez”). (Motion, Tinkham Decl., Exh. A.) To date, Defendant Teutimez has not served responses to the Requests for Admission. (Id. at ¶3.) Plaintiff filed the instant Motion to Deem Requests for Admission Admitted on July 26, 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 Teutimez’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).) The sanctions are properly noticed but excessive for a simple and unopposed discovery motion. Sanctions are granted against Defendant Teutimez in the amount of $310.00, based on half-an-hour of attorney time billed at $500.00 per hour, plus the $60.00 filing fee. (Motion, Tinkham Decl., ¶¶4-5.)

Conclusion

Moving party to give notice.