Judge: Melvin D. Sandvig, Case: 21CHCV00538, Date: 2023-02-10 Tentative Ruling

Case Number: 21CHCV00538    Hearing Date: February 10, 2023    Dept: F47

Dept. F-47

Date: 2/10/23

Case #21CHCV00538

MOTION TO DEEM RFAs ADMITTED

Motion filed on 12/14/22.

MOVING PARTY: Plaintiffs Randall Magdy Awad and Law Offices of Randall M. Awad

RESPONDING PARTY: Defendant Mary Mikhail Nessim

NOTICE: ok

RELIEF REQUESTED: An order deeming the first set of propounded requests for admissions admitted.  Additionally, Plaintiffs request sanctions against Defendant in the amount of $1,560.00.

RULING: The motion is granted as set forth below. 

This action arises out of Plaintiffs Randall Magdy Awad and Law Offices of Randall M. Awad’s (Plaintiffs) claim that on 4/19/21 Defendant Mary Mikhail Nessim (Defendant) posted a review on websites stating that the “office is a complete fraud,” “stole $2,500 from my business,” “is completely unethical and against the law,” and “do not trust this Lawyer, he will steal your money!”  (Compl. ¶12; FAC ¶12).  Plaintiff contends that the statements are false and defamatory.  As a result, on 7/21/21 Plaintiff filed this action for libel, trade libel/trade disparagement, intentional infliction of emotional distress, intentional interference with prospective economic advantage and negligent interference with prospective economic advantage. 

On 10/17/22, Plaintiffs served Defendant with Requests for Admissions by mail making responses due on or before 11/21/22.  CCP 2033.250(a); (Awad Decl. ¶4, Ex.1).  No verified responses have been received.  (Awad Decl. ¶8).

Therefore, on 12/14/22, Plaintiffs filed and served the instant motion seeking an order deeming the first set of propounded requests for admissions admitted.  Additionally, Plaintiffs request sanctions against Defendant in the amount of $1,560.00.  Defendant has not opposed or otherwise responded to the motion. 

Due to Defendant’s failure to respond to the Requests for Admissions, Plaintiffs are entitled to an order deeming the matters admitted and for the imposition of sanctions.  CCP 2033.280(b), (c).  Plaintiffs are awarded $60.00 in sanctions for the filing fee related to the instant motion.  As an attorney representing himself and his law office, Randall M. Awad is not entitled to recover attorney’s fees.  See Trope (1995) 11 C4th 274, 280-293.  Sanctions are payable within 30 days.

Plaintiffs are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil.  When e-filing documents, parties must comply with the “TECHNICAL REQUIREMENTS” which are set forth at page 4, line 4 through page 5, line 12 of the Court’s 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil.  See also CRC 3.1110(f)(4).  Plaintiffs have failed to bookmark the declaration, exhibits and proof of service attached to the motion.  Failure to comply with these requirements in the future may result in  matters being placed off calendar, matters being continued so documents can be resubmitted in compliance with these requirements, documents not being considered and/or the imposition of sanctions.