Judge Mark E. Windham, Case Number: 24STLC00232, Date: 2024-04-17 Tentative Ruling

Judge: Mark E. Windham, Case: 24STLC00232, Date: 2024-04-17 Tentative Ruling

Case Number: 24STLC00232 Hearing Date: April 17, 2024 Dept: 26

DD Partners, LLC v. Davis, et al.

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED;

REQUEST FOR SANCTIONS

(CCP § 2033.280)

TENTATIVE RULING:

Plaintiff DD PARTNERS, LLC’S Motion to Deem Requests for Admission Admitted and Request for Sanctions is GRANTED. DEFENDANT ARTHUR DAVIS IS ORDERED TO PAY SANCTIONS OF $436.26 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

On February 14, 2024, Plaintiff DD Partners, LLC (“Plaintiff”) served Requests for Admissions on Defendant Arthur Davis (“Defendant Davis”). (Motion, Shahar Decl., Exh. A.) To date, Defendant has not served verified responses to the Requests for Admission. (Id. at ¶4.) Plaintiff filed the instant Motion to Deem Requests for Admission Admitted (“the Motion”) on March 15, 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 Davis’ 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 Davis in the amount of $436.26 based on one hour of attorney time billed at $425.00 per hour, plus costs of $11.26. (Motion, Shahar Decl., ¶6.)

Conclusion

Moving party to give notice.