Judge Mark E. Windham, Case Number: 23STLC04377, Date: 2024-09-09 Tentative Ruling

Judge: Mark E. Windham, Case: 23STLC04377, Date: 2024-09-09 Tentative Ruling

Case Number: 23STLC04377 Hearing Date: September 9, 2024 Dept: 26

Dibara Masonry, LLC v. Zarabi, et al.

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED;

REQUEST FOR SANCTIONS

(CCP § 2033.280)

TENTATIVE RULING:

Defendant Joseph Zarabi’s Motion to Deem Requests for Admission Admitted and Request for Sanctions is GRANTED. PLAINTIFF DIBARA MASONRY, LLC IS ORDERED TO PAY SANCTIONS OF $455.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

On June 5, 2024, Defendant Joseph Zarabi (“Defendant”) served Requests for Admissions on Plaintiff Dibara Masonry, LLC (“Plaintiff”). (Motion, Lubin Decl., Exh. 1.) Despite a meet and confer effort, Plaintiff has not served verified responses to the Requests for Admission. (Id. at ¶¶3-4 and Exh. 2) Defendant filed the instant Motion to Deem Requests for Admission Admitted (“the Motion”) on July 26, 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 Plaintiff’s failure to timely serve verified 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).) While properly noticed, the sanctions sought are excessive. Under a lodestar calculation, sanctions are granted against Plaintiff 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, Lubin Decl., ¶6.)

Conclusion

Moving party to give notice.