Judge Mark E. Windham, Case Number: 22STLC05775, Date: 2023-11-15 Tentative Ruling

Judge: Mark E. Windham, Case: 22STLC05775, Date: 2023-11-15 Tentative Ruling

Case Number: 22STLC05775 Hearing Date: November 16, 2023 Dept: 26

Gonzalez v. Mercury Ins. Co., et al.

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED;

REQUEST FOR SANCTIONS

(CCP § 2033.280)

TENTATIVE RULING:

Defendant Mercury Insurance Company’s Motion to Deem Requests for Admission Admitted and Request for Sanctions is GRANTED. PLAINTIFF ERNESTO GONZALEZ IS ORDERED TO PAY SANCTIONS OF $361.65 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

On June 12, 2023, Defendant Mercury Insurance Company (“Defendant”) served Requests for Admission, Set One, on Plaintiff Ernesto Gonzalez (“Plaintiff”) (Motion, Pelanda Decl., Exh. 1.) Despite a meet and confer effort extending the deadline to serve verified responses without objections, Plaintiff has not done so. (Id. at Exh. 2.) Defendant filed the instant Motion to Deem Requests for Admission, Set One, Admitted and Request for Sanctions, on October 20, 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 at 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 admitted. (Code Civ. Proc., § 2033.280.)

The Court is required to award sanctions under the moving statute. (Code Civ. Proc., § 2033.280, subd. (c).) Under a lodestar calculation, sanctions are granted against Plaintiff in the amount of $361.65 based on one hour of attorney time billed at $300.00 per hour, plus the filing fee of $61.65. (Motion, Pelanda Decl., ¶6.)

Conclusion

Defendant Mercury Insurance Company’s Motion to Deem Requests for Admission Admitted and Request for Sanctions is GRANTED. PLAINTIFF ERNESTO GONZALEZ IS ORDERED TO PAY SANCTIONS OF $361.65 TO DEFENDANT’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.