Hearing Date:             April 15, 2024

Moving Party:             Defendant Lemonade Insurance Agency, LLC

Responding Party:      None

Motion to Deem Admitted Requests for Admission (Set One) and Request for Monetary Sanctions

The court considered the moving papers. No opposition was received.

The court GRANTS defendant’s motion to deem admitted Requests for Admission (Set One). The court deems admitted the truth of the matters set forth in Requests for Admissions (Set One) to plaintiff Armani Marsalis Gates I.

The court GRANTS defendant’s request for monetary sanctions against plaintiff Armani Marsalis Gates I in the reduced amount of $540.00. The court orders plaintiff Armani Marsalis Gates I to pay $540.00 to defendant Lemonade Insurance Agency, LLC through its counsel of record, within 20 days of the date of this ruling.

///

///

Background

            Plaintiff Armani Marsalis Gates I filed this action on March 9, 2023, against defendant Lemonade Insurance Agency, LLC, alleging (1) breach of contract and (2) intentional infliction of emotional distress involving the breach of an insurance contract. The Complaint alleges defendant Lemonade breached the insurance contract by failing to pay the full replacement cost of the damaged goods, despite the policy explicitly stating that the insurer would provide coverage for the full cost of replacement, subject to certain limits and deductibles.” (See Compl., pdf p. 3.)

            On September 25, 2023, defendant filed a Motion to Deem Admitted Requests for Admission (Set One). No opposition was received.

            On April 8, 2024, plaintiff filed a notice of non-opposition.

Legal Standard

If a party to whom interrogatories were directed fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetary sanction. (CCP § 2030.290(b)-(c); see Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 404.) CCP § 2030.290 contains no time limit for a motion to compel where no responses have been served. All that needs to be shown in the moving papers is that a set of interrogatories was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served. (Leach v. Superior Court (1980) 111 Cal.App.3d 902, 905-906.)

If a party to whom requests for production of documents were directed fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetary sanction. (CCP § 2031.300(b)-(c).) CCP § 2031.300 contains no time limit for a motion to compel where no responses have been served. The propounding party need not demonstrate good cause or satisfy a meet-and-confer requirement – all that needs to be shown in the moving papers is that a set of requests for production of documents was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served. (See Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403-04.)

Where there has been no timely response to a request for admission under CCP § 2033.010, 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. (CCP § 2033.280(b).) CCP § 2033.280(c) states, in relevant part: “The court shall make this order, 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.

Discussion

Merits of the Motions

Defendant Lemonade Insurance Agency, LLC moves to deem admitted Requests for Admission (Set One) to plaintiff Armani Marsalis Gates I.

The court finds defendant Lemonade Insurance Agency, LLC sufficiently shows this motion should be granted. Defendant establishes it propounded this discovery request on July 5, 2023. (Hadikusumo Decls. re RFAs, ¶ 3, Exh. A.) Plaintiff failed to respond by the August 8, 2023 deadline. (Id. at ¶ 4.) Defendant sent a meet-and-confer letter to plaintiff on August 9, 2023. (Id. at ¶ 5, Exh. B.) Plaintiff responded and sought an extension because he is an in pro per plaintiff. (Id. at ¶¶ 6.) Defendant granted the extension to September 6, 2023 and provided plaintiff with the pertinent code section which governs the timeline for responding to discovery. (Id. at ¶¶ 7-8.) Plaintiff has not responded to date. (Id. at ¶ 9.)

Thus, defendant demonstrates plaintiff provided no timely response to the discovery request. Plaintiff never responded despite the extension. Plaintiff does not oppose this motion, thus failing to show why the court should not grant the motion.

Accordingly, the court rules as follows:

The court GRANTS defendant’s motion to deem admitted Requests for Admission (Set One). The court deems admitted the truth of the matters set forth in Requests for Admissions (Set One) to plaintiff Armani Marsalis Gates I.

 Requests for Monetary Sanctions

Defendant Lemonade Insurance Agency, LLC requests $1,500.00 in attorney’s fees and costs as monetary sanctions against plaintiff Armani Marsalis Gates I. Defendant’s counsel’s hourly rate is $240. (Hadikusumo Decls., ¶ 10.) Defendant’s counsel seeks to recover 5 hours for preparation and drafting of the motion, 1 hour attendance fee, and the $60 filing fee. (Id.)

The court finds defendant’s counsel’s hourly rate is reasonable, but the time requested should be reduced because it is excessive due to the simplicity of the motion. This motion is unopposed; therefore, 5 hours is excessive. The court finds the one hour for preparing the motion, 1 hour attendance fee, and the $60 filing fee are reasonable. Thus, defendant’s total reduced recoverable amount in attorney’s fees and costs for one motion is $540.00 ([2 hour + $240/hour] + $60 filing fee).

Accordingly, the court rules as follows:

The court GRANTS defendant’s request for monetary sanctions against plaintiff Armani Marsalis Gates I in the reduced amount of $540.00 in attorney’s fees and costs. The court orders plaintiff Armani Marsalis Gates I to pay $540.00 to defendant Lemonade Insurance Agency, LLC., through its counsel of record, within 20 days of the date of this ruling.

            It is so ordered.

Dated: April 15, 2024

_______________________

ROLF M. TREU

Judge of the Superior Court