Judge Mark E. Windham, Case 21STLC07584 2022-12-12 Tentative Ruling

Judge: Mark E. Windham, Case: 21STLC07584, Date: 2022-12-12 Tentative Ruling

Case Number: 21STLC07584 Hearing Date: December 12, 2022 Dept: 26

State Farm v. Ajayi, et al.

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED;

REQUEST FOR SANCTIONS

(CCP § 2033.280)

TENTATIVE RULING:

Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Deem Requests for Admission Admitted and Request for Sanctions is GRANTED. DEFENDANT OLUWAJUWON AJAYI IS ORDERED TO PAY SANCTIONS OF $260.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

On July 12, 2022, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) served Requests for Admissions on Defendant Oluwajuwon Ajayi (“Defendant”). (Motion, Gavrilescu Decl., Exh. A.) Despite a meet and confer effort, to date, Defendant has not served responses to the Requests for Admission. (Id. at ¶4 and Exh. B.) Plaintiff filed the instant Motion to Deem Requests for Admission Admitted (“the Motion”) on November 3, 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’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).) While properly noticed, the sanctions sought are excessive under a lodestar calculation. Sanctions are granted against Defendant in the amount of $260.00 based on one hour of attorney time billed at $200.00 per hour, plus the $60.00 filing fee. (Motion, Gavrilescu Decl., ¶5.)

Conclusion

Moving party to give notice.