Judge: Melvin D. Sandvig, Case: 21CHCV00576, Date: 2023-09-21 Tentative Ruling

Counsel wishing to submit on a tentative ruling may inform the clerk or courtroom assisant in North Valley Department F47, 9425 Penfield Ave., Chatsworth, CA 91311, at (818) 407-2247.  Please be aware that unless all parties submit, the matter will still be called for hearing and may be argued by any appearing/non-submitting parties. If the matter is submitted on the court's tentative ruling by all parties, counsel for moving party shall give notice of ruling. This may be done by incorporating verbatim the court's tentative ruling. The tentative ruling may be extracted verbatim by copying and specially pasting, as unformatted text, from the Los Angeles Superior Court’s website, http://www.lasuperiorcourt.org. All hearings on law and motion and other calendar matters are generally NOT transcribed by a court reporter unless one is provided by the party(ies).

Case Number: 21CHCV00576    Hearing Date: April 17, 2024    Dept: F47

Dept. F47

Date: 4/17/24                                                  TRIAL DATE: 1/21/25

Case #21CHCV00576

MOTION TO DEEM REQUESTS FOR ADMISSIONS ADMITTED

Motion filed on 10/12/23.   

MOVING PARTY: Plaintiff Ruben Ramirez

RESPONDING PARTY: Defendant Fresh Start Healthy School Meals, Inc.

NOTICE: ok

RELIEF REQUESTED: An order that the truth of each matter specified in Plaintiff’s Requests for Admissions, Set 2, served on 8/30/23 to Defendant Fresh Start Healthy School Meals, Inc. be deemed admitted.  Additionally, Plaintiff requests sanctions against Fresh Start Healthy in the amount of $2,460.00.

RULING: The request to deem Requests for Admissions admitted is denied.  The request for sanctions is granted in a reduced amount as set forth below. 

SUMMARY OF FACTS & PROCEDURAL HISTORY

This action arises out of Plaintiff Ruben Ramirez’s (Plaintiff) employment as a truck driver with/for Defendants: (1) Juan Carlos Saucedo (Saucedo), (2) K12 School Services (K12),

(3) Fresh Start Healthy School Meals (Fresh Start Healthy) and (4) Fresh Start Meals, Inc. (Fresh Start Meals).  On 8/2/21, Plaintiff filed this action against Defendants for: (1) Unpaid Overtime; (2) Unpaid Minimum Wages; (3) Non-compliant Wage Statements; (4) Wages Not Timely Paid During and Upon Separation of Employment; (5) Unpaid Business Expenses; (6) Unpaid Meal Period Premiums; (7) Unpaid Rest Period Premiums; (8) Violation of California Business & Professions Code§§ 17200, et seq.; and (9) Failure to Provide Employment Records in Violation of Labor Code§§ 1198.5 & 432.7.

On 8/30/23, Plaintiff served Fresh Start Healthy with Requests for Admissions, Set 2, making responses due on or before 10/2/23.  (Roshanian Decl.).  Fresh Start Healthy did not serve responses despite Plaintiff’s counsel’s meet and confer efforts.  Id.  Therefore, on 10/12/23, Plaintiff filed and served the instant motion seeking an order that the truth of each matter specified in Plaintiff’s Requests for Admissions, Set 2, served on 8/30/23 to Defendant Fresh Start Healthy be deemed admitted.  Additionally, Plaintiff requests sanctions against Fresh Start Healthy in the amount of $2,460.00.  On 3/21/24, Fresh Start Healthy filed and  served an opposition to the motion.  On 4/8/24, Plaintiff filed and served a reply to the opposition.    

ANALYSIS

The opposition indicates that Fresh Start Healthy served responses to the subject Requests for Admissions on 2/27/24.  In the reply, Plaintiff concedes receipt of late responses.  As such, the Court cannot deem the Requests for Admissions admitted.  See CCP 2033.280(a)-(c); St. Mary’s (2014) 223 CA4th 762, 775-776.

While Fresh Start Healthy argues that sanctions should not be imposed because it was not aware of the discovery because of a breakdown in the communication between it and its former counsel, Fresh Start Healthy fails to cite applicable authority to support its position.  Rather, Fresh Start Healthy relies on CCP 2033.290(d), which applies to motions to compel further responses to requests for admissions. 

CCP 2033.280, the applicable statute regarding the failure to serve timely responses, provides that the imposition of monetary sanctions is mandatory when the failure to serve timely responses necessitated the motion.  See CCP 2033.280(a)-(c).   

However, the Court finds the $2,460.00 in sanctions requested to be excessive.  The Court awards $1,560.00 in sanctions (1 hour to prepare the motion + 1 hour to review the opposition and prepare the reply + 1 hour to appear at $500/hour + $60.00 filing fee).

CONCLUSION

The request to deem Requests for Admissions, Set 2, served on Defendant Fresh Start Healthy School Meals, Inc. on 8/30/23, admitted is denied.  The request for sanction is granted in a reduced amount.  Sanctions in the amount of $1,560.00 are imposed against Defendant Fresh Start Healthy School Meals, Inc. and are payable within 30 days.