Judge: Melissa R. Mccormick, Case: "Core Commodity International, Inc. v. Paul & Julian Metals, Inc.", Date: 2022-09-29 Tentative Ruling

Plaintiff Core Commodity International, Inc.’s Motion to Deem Requests for Admissions Admitted

Plaintiff Core Commodity International, Inc. moves to deem admitted the truth of the matters specified in plaintiff’s Requests for Admissions (Set One) to defendant Paul & Julian Metals, Inc.  Defendant has not served responses to the Requests for Admissions (Set One).  Plaintiff’s unopposed motion is granted.

Due to defendant’s failure to serve responses to the requests, defendant has “waive[d] any objection to the requests, including one based on privilege or on the protection for work product . . . .”  Cal. Civ. Proc. Code § 2033.280(a).  Pursuant to section 2033.280(c), “[i]t is mandatory that the court impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated” the motion.  Accordingly, because defendant’s failure to serve timely responses to plaintiff’s Requests for Admission caused the filing of the instant motion, the court grants plaintiff’s request for sanctions in the amount of $560.00 against defendant.  Defendant Paul & Julian Metals, Inc. shall pay the sanctions to plaintiff by October 10, 2022.

Plaintiff to give notice.