Judge: Mark E. Windham, Case: 24STLC02895, Date: 2024-09-18 Tentative Ruling

Case Number: 24STLC02895    Hearing Date: September 18, 2024    Dept: 26

Arbat v. Wilkerson, et al.

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED;

REQUEST FOR SANCTIONS

(CCP § 2033.280)

TENTATIVE RULING:  

Plaintiff Arbat, A Law Corporation’s Motion to Deem Requests for Admission Admitted and Request for Sanctions is GRANTED. DEFENDANT ERNEST DARYL WILKERSON IS ORDERED TO PAY SANCTIONS OF $410.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

On July 16, 2024, Plaintiff Arbat, A Law Corporation (“Plaintiff”) served Requests for Admissions on Defendant Ernest Darryl Wilkerson (“Defendant”). (Motion, Kazachki Decl., Exh. 1.) 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 August 21, 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 for a straightforward and unopposed motion to compel initial discovery responses. Under a lodestar calculation, sanctions are granted against Defendant in the amount of $410.00 based on one hour of attorney time billed at $350.00 per hour, plus the $60.00 filing fee. (Motion, Kazachki Decl., ¶5.)

Conclusion

Plaintiff Arbat, A Law Corporation’s Motion to Deem Requests for Admission Admitted and Request for Sanctions is GRANTED. DEFENDANT ERNEST DARYL WILKERSON IS ORDERED TO PAY SANCTIONS OF $410.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.