Judge: Mark E. Windham, Case: 22STLC03530, Date: 2023-03-08 Tentative Ruling
Case Number: 22STLC03530 Hearing Date: March 8, 2023 Dept: 26
MOTION
TO DEEM REQUESTS FOR ADMISSION ADMITTED;
REQUEST
FOR SANCTIONS
(CCP
§ 2033.280)
TENTATIVE RULING:
Plaintiff/Cross-Defendant Brot Gross & Fishbein, LLP’s
Motion to Deem Requests for Admission, Set One, Admitted and Request for
Sanctions is GRANTED. DEFENDANT/CROSS-COMPLAINANT KELIS ROGERS IS ORDERED TO
PAY SANCTIONS OF $350.00 TO PLAINTIFF/CROSS-DEFENDANT’S COUNSEL WITHIN 20 DAYS’
SERVICE OF THIS ORDER.
ANALYSIS:
Plaintiff/Cross-Defendant Brot Gross & Fishbein, LLP
(“Plaintiff”) served Requests for Admission, Set One, on Defendant/Cross-Complainant
Kelis Rogers (“Defendant”) on September 27, 2022. (Motion, Hartley Decl., Exh. A.) (Motion, Graves Decl., Exh. A.)
Following Defendant’s failure to respond, Plaintiff sent a meet and confer
letter. (Id. at Exh. B.) When Defendant still failed to provide
responses, Plaintiff filed the instant Motion to Deem Requests for Admission,
Set One, Admitted and Request for Sanctions on January 6, 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, 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).) However, the amount
sought is excessive under a lodestar calculation. Sanctions are granted against
Defendant in the amount of $350.00 based on an hour of attorney time billed at
$350.00 an hour. (Motion, Graves Decl., ¶5.)
Conclusion
Plaintiff/Cross-Defendant Brot Gross & Fishbein, LLP’s
Motion to Deem Requests for Admission Admitted and Request for Sanctions is
GRANTED as to REQUESTS FOR ADMISSION, SET ONE. DEFENDANT/CROSS-COMPLAINANT
KELIS ROGERS IS ORDERED TO PAY SANCTIONS OF $350.00 TO PLAINTIFF/CROSS-DEFENDANT’S
COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.
Moving party to give notice.