Judge: Mark E. Windham, Case: 23STLC00620, Date: 2023-11-06 Tentative Ruling

Case Number: 23STLC00620    Hearing Date: November 6, 2023    Dept: 26

State Farm v. Singleton, 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 IMANI SINGLETON IS ORDERED TO PAY SANCTIONS OF $260.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

On May 31, 2023, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) served Requests for Admissions on Defendant Imani Singleton (“Defendant”). (Motion, Espinosa Decl., Exh. A.) Despite a meet and confer effort, to date, Defendant only served untimely and unverified responses to the Requests for Admission, which include waived objections. (Id. at ¶¶3-5 and Exhs. B-C.) Plaintiff filed the instant Motion to Deem Requests for Admission Admitted (“the Motion”) on September 25, 2023. Defendant filed an opposition on October 27, 2023 and Plaintiff replied on November 1, 2023.

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.) Defendant’s unverified responses are tantamount to no response at all. (Appleton v. Sup. Ct. (Cook) (1988) 206 Cal.App.3d, 632, 636.) 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.) In fact, the Court must make this order unless Defendant serves substantially compliant responses before the hearing. (Code Civ. Proc., § 2033.280, subd. (c).)

The Court is also 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, Espinosa 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 IMANI SINGLETON IS ORDERED TO PAY SANCTIONS OF $260.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.