Judge: Michael E. Whitaker, Case: 23SMCV02640, Date: 2024-04-11 Tentative Ruling

Case Number: 23SMCV02640    Hearing Date: April 11, 2024    Dept: 207

TENTATIVE RULING

MOTIONS

            Plaintiff Allstate Insurance Company (“Plaintiff”) moves to deem admitted the matters specified in Requests for Admission, set one (RFA) propounded to Defendant Onsite Complete Plumbing and Drain, individually and dba Chino Standard, Inc. (“Defendant”) and for monetary sanctions.   The motion is unopposed.

ANALYSIS

            Pursuant to Code of Civil Procedure section 2033.280, subdivision (a), “[i]f a party to whom requests or admission are directed fails to serve a timely response . . .  [t]he party to whom the requests for admission are directed waives any objection to the requests, including one based on privilege or on the protection for work product[.]”  (Code Civ. Proc., § 2033.280, subd. (a).)  Where a party fails to respond to requests for admissions, 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.¿ (Code Civ. Proc., § 2033.280, subd. (b).)

1.     RFA

Here, Plaintiff electronically served Defendant the RFA on November 29, 2023.  (Vales Decl. ¶ 2, Ex. A.)  Thirty days following November 29, 2023 is December 29, 2023, and electronic service extends Defendant’s time to respond by two court days (Code Civ. Proc., § 1010.6, subd. (a)(3)(B).)  Monday, January 1 was a court holiday, thus, the responses were due no later than January 3, 2024. 

On January 12, 2024, Plaintiff’s counsel emailed Defendant’s counsel to meet and confer, requesting that Defendant serve verified responses, without objections, by Thursday, January 18, 2024.  (Vales Decl. ¶¶ 6-7 and Ex. B.)  Plaintiff did not receive a response.  (Vales Decl. ¶¶ 8-9.)  As of the date the motion was filed, Plaintiff had still not received any responses to the RFA.  (Vales Decl. ¶ 9.)

Accordingly, the Court finds that Defendant has failed to serve timely responses to the RFA.

2.     Monetary Sanctions

Plaintiff requests monetary sanctions in connection with the motion. “It is mandatory that the court impose a monetary sanction under [Code of Civil Procedure section 2023.010, et seq.] on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.”  (Code Civ. Proc., § 2033.280, subd. (c).) 

Thus, the Court will impose monetary sanctions against Defendant in the amount of $760, which represents two hours of attorney time to prepare the motion and attend the hearing at $350 per hour, plus the motion filing fee of $60.00.

CONCLUSION AND ORDER

Therefore, the Court grants Plaintiff’s motion to deem admitted the matters specified in the RFA per Code of Civil Procedure section 2033.280, and orders the matters specified in the RFA deemed admitted.

The Court further orders Defendant to pay monetary sanctions in the amount of $760.00 to Plaintiff, by and through counsel for Plaintiff, within 30 days of notice of this order.

            Plaintiff is ordered to provide notice of the Court’s order and file a proof of service of such.

DATED:  April 11, 2024                                            ___________________________

                                                                              Michael E. Whitaker

                                                                              Judge of the Superior Court