Judge: Maurice A. Leiter, Case: 19STCV37503, Date: 2022-07-28 Tentative Ruling

Case Number: 19STCV37503    Hearing Date: July 28, 2022    Dept: 54

Hearing Date: July 28, 2022

Department 54, Judge Maurice A. Leiter

Motion to Deem Requests for Admission Admitted

Moving Party: Cross-Defendants Greenwich Blackhawk Partners and Kirk Neuner

Responding Party: None

T/R:    CROSS-DEFENDANTS’ MOTION TO DEEM REQUESTS FOR ADMISSIONS ADMITTED IS GRANTED.  

CROSS-DEFENDANTS’ REQUESTS FOR ADMISSION ARE CONCLUSIVELY ESTABLISHED AGAINST CROSS-COMPLAINANT.

CROSS-DEFENDANTS’ REQUEST FOR SANCTIONS IN GRANTED IN THE REDUCED AMOUNT OF $940.00.

CROSS-DEFENDANTS TO NOTICE.

If the parties wish to submit on the tentative, please email the courtroom at¿SMCdept54@lacourt.org¿with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. 

The Court considers the moving papers. No opposition has been received.

BACKGROUND

           On July 22, 2020, Plaintiff Greenwich Blackhawk Partners sued Defendants David Bren and Jennifer Anne McKay Gold for unpaid legal fees. On April 6, 2021, Bren and Gold filed a cross-complaint against Greenwich Blackhawk Partners and Kirk Neuner, asserting causes of action for (1) fraud; (2) negligent breach of fiduciary duty; (3) intentional breach of fiduciary duty; (4) negligent misrepresentation; (5) UCL violations; and (6) intentional infliction of emotional distress.

On September 24, 2021, the Court sustained Greenwich Blackhawk’s demurrer to the causes of action for fraud and intentional infliction of emotional distress. On October 4, 2021, Bren and Gold filed a first amended cross-complaint, asserting causes of action for (1) negligent breach of fiduciary duty; (2) intentional breach of fiduciary duty; and (3) UCL violations. Bren and Gold allege Greenwich Blackhawk and Neuner’s legal billings were improper.

ANALYSIS

If a party fails to provide a timely response to a request for admission, the party waives any objection to the requests.  (C.C.P. § 2033.280(a).)  Moreover, “[t]he 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 a monetary sanction….”  (C.C.P. § 2033.280(b).) 

           Cross-Defendants move to deem RFAs, set two, admitted against Cross-Complainant David LeRoy Bren. Cross-Defendants served the subject discovery on April 1, 2022. Cross-Complainant produced unverified responses on June 17, 2022. As of the filing of this motion, Cross-Defendants have not received verifications. Cross-Complainant has not opposed this motion to show verifications have been sent.

The motion is GRANTED.

           Cross-Defendants request $1,600.00 in sanctions. As Cross-Complainant has not opposed this motion, the Court will allow sanctions in the reduced amount of $940.00 (4hrs x $220 per hour + $60 filing fee).