Judge: Maurice A. Leiter, Case: 22STCV28985, Date: 2023-04-11 Tentative Ruling

Case Number: 22STCV28985    Hearing Date: April 11, 2023    Dept: 54

Hearing Date: April 11, 2023

Department 54, Judge Maurice A. Leiter

(2) Motions to Deem Requests for Admission Admitted

Moving Party: Plaintiff Jensine Alerta

Responding Party: None

T/R:     PLAINTIFF’S MOTIONS TO DEEM RFAS ADMITTED AGAINST DEFENDANTS THE OTSEGO PROPERTY AND MASHCOLE PROPERTY MANAGEMENT, INC. ARE DENIED.

PLAINTIFF’S REQUESTS FOR SANCTIONS ARE GRANTED IN THE REDUCED AMOUNT OF $700.00 AGAINST EACH DEFENDANT.

PLAINTIFF 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 and oppositions.

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).) 

Plaintiff Jensine Alerta moves to deem RFAs admitted against Defendants The Otsego Property and Mashcole Property Management, Inc. Plaintiff served RFAs on November 7, 2022. Responses were due on December 9, 2022. As of the filing of this motion, Plaintiff had not received responses. In Defendants’ joint opposition, dated April 7, 2023, Defendants assert they have now served verified responses without objection. While the opposition is untimely, Defendants have complied with Code of Civil Procedure Section 2033.280(c).

Plaintiff’s motions are DENIED. Plaintiff’s requests for sanctions are GRANTED in the reduced amount of $700.00 (2 hours at $350) against each Defendant.