TENTATIVE RULING:  

Plaintiff American Contractor’s Indemnity Company’s Motion to Deem Requests for Admission Admitted and Request for Sanctions is GRANTED. DEFENDANT MARIA CARMEN BRAVO AKA CARMEN BRAVO IS ORDERED TO PAY SANCTIONS OF $335.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

On September 2, 2022, Plaintiff American Contractors Indemnity Company (“Plaintiff”) served Requests for Admissions on Defendant Maria Carmen Bravo aka Carmen Bravo (“Defendant”). (Motion, Kim Decl., Exh. 1.) To date, Defendant has not served responses to the Requests for Admission. (Id. at ¶4.) Plaintiff filed the instant Motion to Deem Requests for Admission Admitted on November 8, 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).) The sanctions are properly noticed and granted against Defendant in the amount of $335.00, based on one hour of attorney time billed at $275.00 per hour, plus the $60.00 filing fee. (Motion, Kim Decl., ¶¶6-10.)

Conclusion

Plaintiff American Contractor’s Indemnity Company’s Motion to Deem Requests for Admission Admitted and Request for Sanctions is GRANTED. DEFENDANT MARIA CARMEN BRAVO AKA CARMEN BRAVO IS ORDERED TO PAY SANCTIONS OF $335.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.