Judge: Melissa R. Mccormick, Case: "Immigrant Rights Defense Council, LLC v. Shoraka", Date: 2022-10-20 Tentative Ruling

Plaintiff Immigrant Rights Defense Council, LLC’s Motion to Deem Requests for Admission Admitted

Plaintiff Immigrant Rights Defense Council, LLC moves to deem admitted the truth of the matters specified in plaintiff’s Requests for Admissions (Set One) to defendant OC Attorney Service, Inc.  Defendant’s counsel states in a declaration filed September 27, 2022 (ROA No. 63) that defendant served responses to the requests on September 18, 2022.  Defendant’s responses served September 18, 2022 are untimely.  Due to defendant’s failure to serve timely responses to the requests, defendant “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).  Because defendant did not provide the court with a copy of its September 18, 2022 responses, the court cannot conclude defendant’s responses are in substantial compliance with section 2033.220.  See Cal. Civ. Proc. Code § 2033.280(c).  Plaintiff’s motion is therefore granted.

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 $460.00 against defendant.  Defendant OC Attorney Services, Inc. shall pay the sanctions to plaintiff by October 31, 2022.

Defendant’s request for judicial notice is denied because the materials are not relevant to the disposition of this motion.

Plaintiff to give notice.