Judge: Mark E. Windham, Case: 21STLC07521, Date: 2023-09-19 Tentative Ruling
Case Number: 21STLC07521 Hearing Date: October 9, 2023 Dept: 26
Lazo
v. QX Logistix, LLC, et al.
MOTION TO DEEM
REQUESTS FOR ADMISSION ADMITTED;
REQUEST FOR
SANCTIONS
(CCP § 2033.280)
TENTATIVE RULING:
Defendant QX Logistix, LLC’s Motion to Deem Requests for
Admission Admitted and Request for Sanctions is GRANTED. PLAINTIFF MAHO LAZO IS ORDERED TO PAY SANCTIONS OF $535.00
TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.
ANALYSIS:
On July 11, 2023, Defendant QX Logistix, LLC (“Defendant”)
served Requests for Admissions on Plaintiff Maho Lazo (“Plaintiff”). (Motion, Wiseman Decl.,
Exh. 1) To date, Plaintiff has not served responses to the Requests for
Admission. (Id. at ¶4.) Defendant filed the instant Motion to Deem
Requests for Admission Admitted on August 18, 2023. 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
Plaintiff’s failure to timely
serve responses and resultant waiver of objections, Defendant 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, however, the amount sought is excessive. Under a lodestar calculation,
sanctions are granted against Plaintiff in the amount of $525.00, based on one
hour of attorney time billed at $465.00 per hour, plus the $60.00 filing fee.
(Motion, Wiseman Decl., ¶5.)
Conclusion
Defendant QX Logistix, LLC’s Motion to Deem Requests for
Admission Admitted and Request for Sanctions is GRANTED. PLAINTIFF MAHO LAZO IS ORDERED TO PAY SANCTIONS OF $525.00
TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.
Moving party to give notice.