Judge Mark E. Windham, Case Number: 23STLC02103, Date: 2024-09-10 Tentative Ruling

Judge: Mark E. Windham, Case: 23STLC02103, Date: 2024-09-10 Tentative Ruling

Case Number: 23STLC02103 Hearing Date: September 10, 2024 Dept: 26

Fox Hills Auto, Inc. v. Diaz, et al.

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED;

REQUEST FOR SANCTIONS

(CCP § 2033.280)

TENTATIVE RULING:

Plaintiff Fox Hills Auto, Inc. dba Airport Marina Ford’s Motion to Deem Requests for Admission Admitted and Request for Sanctions is GRANTED. DEFENDANT KAREN DIAZ IS ORDERED TO PAY SANCTIONS OF $360.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

On April 19, 2024, Plaintiff Fox Hills Auto, Inc. dba Airport Marina Ford (“Plaintiff”) served Requests for Admissions on Defendant Karen Diaz (“Defendant”). (Motion, Gubernick Decl., Exh. 1.) To date, Defendant has not served verified responses to the Requests for Admission. (Id. at ¶2.) Plaintiff filed the instant Motion to Deem Requests for Admission Admitted (“the Motion”) on July 25, 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’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 in the amount of $360.00 based on half-an-hour of attorney time billed at $600.00 per hour, plus the $60.00 filing fee. (Motion, Gubernick Decl., ¶5.)

Conclusion

Moving party to give notice.