Judge: Mark E. Windham, Case: 22STLC02963, Date: 2023-05-17 Tentative Ruling

Case Number: 22STLC02963    Hearing Date: May 17, 2023    Dept: 26

Soleimanian v. Ortiz, et al.

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED;

REQUEST FOR SANCTIONS

(CCP § 2033.280)

TENTATIVE RULING:  

Plaintiff Hamid Soleimanian’s Motion to Deem Requests for Admission Admitted and Request for Sanctions is GRANTED. DEFENDANT SAVANNAH ORTIZ IS TO PAY SANCTIONS OF $311.65 TO DEFENSE COUNSEL WITHIN 20 DAYS’ NOTICE OF THIS ORDER.

ANALYSIS:

On December 19, 2022, Plaintiff Hamid Soleimanian (“Plaintiff”) served Requests for Admissions, Set One, on Defendant Savannah Ortiz (“Defendant”). (Motion, Solomon Decl., Exh. A; Supp. Solomon Decl., Exh. 1.) After Defendant did not respond, Plaintiff’s counsel sent a meet and confer letter on January 23, 2023. (Motion, Supp. Solomon Decl., Exh. 2.) Defendant has not served responses to the Requests for Admission. (Id. at ¶¶3-4.) Plaintiff filed the instant Motion to Deem Requests for Admission Admitted against Defendant on February 6, 2023. The Motion initially came for hearing on March 15, 2023 and was continued to allow Plaintiff to file further briefing. (Minute Order, 03/15/23.) Plaintiff filed a supplemental declaration on March 14, 2023. No opposition to the Motion 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.) If the motion is granted, the moving party must be awarded sanctions. (Code Civ. Proc., § 2033.280.)

Due to Defendant’s failure to timely serve responses, Plaintiff is entitled to an order deeming the Requests for Admission, Set One, admitted. (Code Civ. Proc., § 2033.280.) The Court is also required to award sanctions under the moving statute. (Code Civ. Proc., § 2033.280, subd. (c).) While properly noticed, the amount of sanctions sought is excessive. Based on a lodestar calculation, sanctions are granted against Defendant in the amount of $311.65 based on half-an-hour of attorney time billed at $500.00 per hour and filing fees of $61.65. (Motion, Solomon Decl., ¶¶5-6.)

Conclusion

Plaintiff Hamid Soleimanian’s Motion to Deem Requests for Admission Admitted and Request for Sanctions is GRANTED. DEFENDANT SAVANNAH ORTIZ IS TO PAY SANCTIONS OF $311.65 TO DEFENSE COUNSEL WITHIN 20 DAYS’ NOTICE OF THIS ORDER.

Moving party to give notice.