Judge Mark E. Windham, Case Number: 23STLC05961, Date: 2024-08-14 Tentative Ruling

Judge: Mark E. Windham, Case: 23STLC05961, Date: 2024-08-14 Tentative Ruling

Case Number: 23STLC05961 Hearing Date: August 14, 2024 Dept: 26

Cal. Automobile Ins. Co. v. , et al.

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED;

REQUEST FOR SANCTIONS

(CCP § 2033.280)

TENTATIVE RULING:

Plaintiff California Automobile Insurance Company’s Motion to Deem Requests for Admission Admitted and Request for Sanctions is GRANTED. DEFENDANT BENSON CRANE, INC. IS ORDERED TO PAY SANCTIONS OF $260.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

On April 11, 2024, Plaintiff California Automobile Insurance Company(“Plaintiff”) served Requests for Admissions on Defendant Benson Crane, Inc. (“Defendant”). (Motion, Espinosa Decl., Exh. A.) 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 9, 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 $260.00 based on one hour of attorney time billed at $200.00 per hour, plus the $60.00 filing fee. (Motion, Espinosa Decl., ¶3.)

Conclusion

Moving party to give notice.