Judge: Martha K. Gooding, Case: 2021-01234131, Date: 2022-09-12 Tentative Ruling

1) Motion for Leave to Amend

2) Motion to Compel Response to Requests for Admissions

3) Motion to Compel Response to Requests for Admissions

Motion for Order that Truth of Matters be Deemed Admitted

The Court GRANTS the unopposed Motion by Defendant Thomas John Gioia a/k/a Tom Gioia (“Gioia” or “Defendant”) for an order that the truth of matters set forth in Gioia’s Requests for Admission served on Plaintiffs Sheila Prato and Prato Properties, LLC be deemed admitted.

If a party to whom requests for admission were directed fails to serve a timely response, the requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for an award of monetary sanctions. CCP § 2033.280(b).

On April 2, 2022, Defendant served separate sets of requests for admission on Plaintiffs, each containing 25 requests.  (Aplin Decl. ¶ 3, Ex. A and B.)  Defendant has not received any responses at all to either set of Requests for Admission. (Id. at ¶ 4.)  On May 20, 2022, Defendant demanded that Plaintiffs provide complete responses, without objection, to each of the requests. (Id.) No responses have been received. (Id.) In addition, Plaintiffs have not opposed the Motion.

Based upon the foregoing, the motion to deem Defendant’s Requests for Admissions, Set One, which were served on Plaintiff Prato Properties, LLC, a California Company, and on Plaintiff Sheila Prato on 4/2/22 is GRANTED.  The subject Requests for Admissions are deemed admitted.

With regard to sanctions, Defendant requests $4,000 in sanctions ($400/hr. x. 10 hrs.), which the Court finds unreasonable and excessive for such a simple, straightforward, and ultimately unopposed motion.

The Court awards sanctions of $800 in favor of Defendant Gioia, jointly and severally against Plaintiffs Prato Properties, LLC, a California Company, Plaintiff Sheila Prato, and their counsel of record, Timothy G. McFarlin.   Sanctions must be paid within 30 days’ notice of this ruling. 

Defendant Gioia is ordered to give notice.

Motion for Leave to Amend Answer to Complaint

Defendant Gioia’s unopposed motion for leave to amend his Answer to the Complaint is GRANTED. (CCP §§ 473(a)(1), 576; CRC 3.1324.) 

Defendant is ordered to file the First Amended Answer to Complaint, in the form attached as Exhibit B to the Aplin Declaration, without any changes or modifications, within 10 days.

Defendant Gioia is ordered to give notice.