Judge Matthew C. Braner, Case 37-2023-00016387-CU-BC-CTL 2024-02-23 Tentative Ruling

Judge: Matthew C. Braner, Case: 37-2023-00016387-CU-BC-CTL, Date: 2024-02-23 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - February 22, 2024

02/23/2024 09:00:00 AM C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Unlimited Breach of Contract/Warranty Discovery Hearing 37-2023-00016387-CU-BC-CTL MANI VS BMW OF NORTH AMERICA LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiff Shahram Mani's unopposed motion to deem requests for admission admitted is GRANTED.

As of February 22, 2024, Defendants BMW of North America, LLC and BMW of Escondido (both represented by the same counsel) have not filed any opposition to Plaintiff's motion. Pursuant to this court's local rules, this failure to respond will be regarded as a concession that Plaintiff's motion has merit. (See San Diego Superior Court Local Rule 2.1.19, subd. (B).) However, it cannot be deemed an admission that sanctions should be awarded. (CRC 3.1348, subd. (b).) Plaintiff seeks to have the requests for admission, set one, it propounded on Defendants be deemed admitted pursuant to Code of Civil Procedure section 2033.280, subdivision (b). Plaintiff's counsel attests the requests were propounded to Defendants on August 23, 2023, but as of the filing of Plaintiff's motion, no responses have been received, and all requests to meet and confer have been ignored.

Accordingly, the court must grant Plaintiff's motion, and it must impose a monetary sanction on Defendant. (Code Civ. Proc., § 2033.280, subd. (c).) Plaintiff requests a sanction of $1,579.01, for 3 hours of attorney time at $500 per hour plus a $79.01 filing fee. Although the court finds the proposed rate acceptable, the court does not believe 3 hours are warranted for this unopposed motion, for which the issue is simple and straightforward. The court will therefore impose a sanction of $579.01 on Defendants based on one hour of attorney work plus the filing fee.

Accordingly, Plaintiff's Requests for Admissions, Set One, are deemed admitted against Defendants BMW of North America, LLC and BMW of Escondido.

Defendants and their counsel of record are ordered to pay monetary sanctions to Plaintiff in the amount of $579.01 by March 15, 2024.

The minute order is the order of the court.

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