Judge: Maurice A. Leiter, Case: 23STCV00818, Date: 2024-07-02 Tentative Ruling

Case Number: 23STCV00818    Hearing Date: July 2, 2024    Dept: 54

Hearing Date: July 2, 2024

Department 54, Judge Maurice Leiter

Motion to Deem Matters Admitted

Moving Party: Plaintiff Kevin Su

Responding Party: Defendant Keyi Wang

T/R:     THE MOTION IS GRANTED.

PLAINTIFF TO GIVE 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 was filed.

BACKGROUND

This is an action for unpaid rent. Plaintiff Kevin Su sued defendants Fengyu Wang, Keyi Wang, and Yuxiao Wang on January 13, 2023 for breach of contract and breach of guaranty. Plaintiff alleges he executed a lease with Defendant Fengyu Wang on or around November 18, 2020. The remaining defendants guaranteed Wang’s obligations under the lease. Wang allegedly failed to pay rent.

Plaintiff now moves for an order deeming admitted all matters referred to in his Requests for Admission (Set One) served on defendant Keyi Wang on January 27, 2024.

Defendant filed no opposition.

ANALYSIS

Under Code of Civil Procedure section 2033.280, subdivision (a), “[i]f a party to whom requests or admission are directed fails to serve a timely response…[t]he party to whom the requests for admission are directed waives any objection to the requests, including one based on privilege or on the protection for work product[.]”  (Id., § 2033.280(a).)  Where a party fails to respond to requests for admissions, the propounding 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.  (Id., § 2033.280 (b).)  The court “shall” grant a motion to deem admitted the matters specified in the requests for admissions, “unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220.” (Id., § 2033.280(c).)

A. Deemed Admissions

Plaintiff’s counsel attests that he served defendant Wang with RFAs on January 27, 2024, and she failed to timely respond. Defendants filed no opposition contesting these facts. Plaintiff is entitled to an order deeming matters admitted.

B. Sanctions

When deeming matters admitted, “[i]t is mandatory that the court impose a monetary sanction ... on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitate [a] motion [under section 2033.280].” (Code Civ. Proc., § 2033.280(c).)

Plaintiff is entitled to sanctions. Counsel attests to a reasonable $900.00 for hours spent working on this motion and $61.65 in costs. The request is granted. The Court imposes sanctions on Defendant in the amount of $961.65, payable to Plaintiff and/or his counsel within sixty (30) days of this order.