Judge: Mark E. Windham, Case: 21STLC07521, Date: 2023-09-19 Tentative Ruling

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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.