Judge: Mark E. Windham, Case: 21STLC09134, Date: 2023-01-12 Tentative Ruling

Case Number: 21STLC09134    Hearing Date: January 12, 2023    Dept: 26

State Farm v. Hernandez, 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 KATY T. HERNANEZ IS ORDERED TO PAY SANCTIONS OF $260.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

On May 17, 2022, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) served Requests for Admissions on Defendant Katy Y. Hernandez (“Defendant”). (Motion, Pleasant Decl., Exh. 1.) Despite a meet and confer effort, to date, Defendant has not served responses to the Requests for Admission. (Id. at ¶5 and Exh. 2.) Plaintiff filed the instant Motion to Deem Requests for Admission Admitted (“the Motion”) on November 14, 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, Pleasant Decl., ¶6.)

Conclusion

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

Moving party to give notice.