Judge: Mark E. Windham, Case: 23STLC04880, Date: 2024-01-31 Tentative Ruling

Case Number: 23STLC04880    Hearing Date: February 14, 2024    Dept: 26

Philadelphia Indemnity Ins. Co. v. Sprewell, et al.

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED;

REQUEST FOR SANCTIONS

(CCP § 2033.280)

TENTATIVE RULING:  

Plaintiff Philadelphia Indemnity Insurance Company’s Motion to Deem Requests for Admission Admitted and Request for Sanctions is GRANTED. DEFENDANT REBECCA LATRICE SPREWELL IS ORDERED TO PAY SANCTIONS OF $360.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

On September 8, 2023, Plaintiff Philadelphia Indemnity Insurance Company (“Plaintiff”) served Requests for Admissions, Set One, on Defendant Rebecca Latrice Sprewell (“Defendant”). (Motion, Cicione Decl., Exh. A.) Despite a meet and confer effort, Defendant has not served responses to the Requests for Admission. (Id. at ¶3 and Exhs. B-C.) Plaintiff filed the instant Motion to Deem Requests for Admission Admitted (“the Motion”) on December 7, 2023. The Motion initially came for hearing on January 31, 2024, at which time Defendant appeared. (Minute Order, 01/31/24.) The Court continued the hearing to February 14, 2024. (Ibid.) 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 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 one hour of attorney time billed at $300.00 per hour, plus the $60.00 filing fee. (Motion, Cicione Decl., ¶4.)

Conclusion

Plaintiff Philadelphia Indemnity Insurance Company’s Motion to Deem Requests for Admission Admitted and Request for Sanctions is GRANTED. DEFENDANT REBECCA LATRICE SPREWELL IS ORDERED TO PAY SANCTIONS OF $360.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.