Judge: Mark E. Windham, Case: 23STLC02497, Date: 2023-10-12 Tentative Ruling

Case Number: 23STLC02497    Hearing Date: December 6, 2023    Dept: 26

Los Angeles Federal Credit Union v. Lowe, et al.

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED;

REQUEST FOR SANCTIONS

(CCP § 2033.280)

TENTATIVE RULING:  

Plaintiff Los Angeles Federal Credit Union’s Motion to Deem Requests for Admission Admitted and Request for Sanctions is GRANTED. DEFENDANT LOLA MARIE LOWE IS ORDERED TO PAY SANCTIONS OF $455.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

On July 12, 2023, Plaintiff Los Angeles Federal Credit Union (“Plaintiff”) served Requests for Admissions on Defendant Lola Marie Lowe (“Defendant”). (Motion, Anaya Decl., Exh. A.) Defendant served unverified responses on July 24, 2023. (Id. at Exh. B.) Despite a meet and confer effort, to date, Defendant has not served verified responses to the Requests for Admission. (Id. at ¶¶4-5 and Exh. C.) Plaintiff filed the instant Motion to Deem Requests for Admission Admitted (“the Motion”) on July 18, 2023. The Motion initially came for hearing on October 12, 2023 and was continued to allow Defendant to file verified responses. (Minute Order, 10/12/23.) To date, no additional papers have been filed, nor has any opposition has been filed.

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 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 $455.00 based on one hour of attorney time billed at $395.00 per hour, plus the $60.00 filing fee. (Motion, Anaya Decl., ¶8.)

Conclusion

Plaintiff Los Angeles Federal Credit Union’s Motion to Deem Requests for Admission Admitted and Request for Sanctions is GRANTED. DEFENDANT LOLA MARIE LOWE IS ORDERED TO PAY SANCTIONS OF $455.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.