Judge: Michael Shultz, Case: 23CMCV00075, Date: 2023-07-20 Tentative Ruling
Case Number: 23CMCV00075 Hearing Date: August 22, 2023 Dept: A
23CMCV00075
Beatriz Valdez v. Erwin Alexander Calderon
[TENTATIVE]
ORDER GRANTING PLAINTIFF’S MOTION FOR ORDER DEEMING ADMITTED DEFENDANT’S
RESPONSES TO REQUESTS FOR ADMISSION; REQUEST FOR MONETARY SANCTIONS
This
action arises from a two-vehicle auto accident. Defendant answered the
complaint on April 3, 2023. Plaintiff served requests for admission on
Defendant by electronic mail on February 21, 2023. Plaintiff served courtesy
copies on April 28, 2023, also by electronic mail. Plaintiff sent correspondence
to meet and confer with defense counsel to inquire about the discovery responses.
Defense counsel did not respond.
The
motions were timely served on Defendant on June 15, 2023, however, Defendant
did not file an opposition. The hearing
on the motion was originally scheduled for July 20, 2023. On that date, Plaintiff’s counsel failed to
appear. The hearing was continued, at
Defendant’s request, to August 22, 2023.
Where
a party fails to respond to requests for admission, the court can deem the
requests admitted against the non-responding party unless it finds that the
non-responding party has subsequently served, before the hearing, a proposed
response to the requests that substantially complies with statutory
requirements. (Code Civ. Proc., § 2033.280 subd. (c)). Imposition
of sanctions is mandatory where a party’s failure to respond to the requests necessitates
the motion. Code Civ. Proc., § 2033.280 subd. (c). As
there is no evidence that Defendant served responses, the motion is GRANTED. The
requests are deemed admitted against Defendant.
The Court imposes
monetary sanctions against Defendant, Erwin Alexander Caldero, and counsel of
record, Michael W. Caspino, jointly and severally. The Court finds that one
hour to prepare this motion is reasonable, and Plaintiff counsel’s hourly rate
of $250 per hour is reasonable. The Court awards attorney’s fees of $250 and
costs of $61.65, payable to Plaintiff in 20 days as requested.