Judge Mark E. Windham, Case Number: 23STLC01526, Date: 2024-07-22 Tentative Ruling

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Interinsurance Exchange v. Forero, et al.

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED;

Plaintiff Interinsurance Exchange of the Automobile Club’s Motion to Deem Requests for Admission Admitted and Request for Sanctions is GRANTED. DEFENDANT DANIEL ANDRES FORERO IS ORDERED TO PAY SANCTIONS OF $265.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

On January 23, 2024, Plaintiff Interinsurance Exchange of the Automobile Club (“Plaintiff”) served Requests for Admissions on Defendant Daniel Andres Forero (“Defendant Forero”). (Motion, Tapper Decl., Exh. A.) Despite a meet and confer effort, to date, Defendant Forero has not served verified responses to the Requests for Admission. (Id. at ¶3 and Exh. B.) Plaintiff filed the instant Motion to Deem Requests for Admission Admitted (“the Motion”) on June 17, 2024. 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 Defendant Forero’s failure to timely serve verified 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).) While properly noticed, the sanctions sought are excessive. Under a lodestar calculation, sanctions are granted against Defendant Forero in the amount of $265.00 based on one hour of attorney time billed at $225.00 per hour, plus the $40.00 filing fee. (Motion, Tapper Decl., ¶4.)