Judge: Michelle C. Kim, Case: 21STCV46979, Date: 2023-04-07 Tentative Ruling

Case Number: 21STCV46979    Hearing Date: April 7, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff B.B. (“Plaintiff”), a minor by and through his guardian ad litem, Billy Brown, Jr., propounded request for admissions (“RFAs”) on Defendant Long Beach Public Transportation Company (“Defendant”) on March 29, 2022.  Plaintiff asserts that as of filing this motion, Defendant had not served responses.  Plaintiff therefore seeks an order deeming the RFAs admitted and imposing sanctions.

On March 8, 2023, Plaintiff filed a Reply providing that Defendant failed to file an opposition to the instant motion.  After Plaintiff’s reply was electronically filed, Defendant filed an opposition that same date, which was only six court days before the hearing.  The hearing was therefore continued to April 7, 2023, so that Plaintiff could file a supplemental reply.  (Min. Order, March 16, 2023.) 

Defendant, in its opposition, asserts that Plaintiff’s motion is now moot because Defendant provided compliant responses to the subject RFAs on March 6, 2023.  Defendant further contends that Plaintiff’s request for sanctions should be denied.  In Plaintiff’s surreply, Plaintiff argues that sanctions are mandatory. 

            The motion to deem RFAs admitted is moot in light of the responses served on Plaintiff prior to the hearing.  (St. Mary v. Superior Court (2014) 223 Cal.App.4th 762, 776.)

Sanctions are mandatory.  (CCP § 2033.280(c).)  Plaintiff is awarded one hour for preparing the form motion, one hour total for the reply and surreply, and 0.5 hours to appear at the hearing- but is awarded this time only once- all at the reasonable rate of $200 per hour, for a total of $500 in attorney fees.  Further, Plaintiff is awarded the motion filing fee of $60 as costs. 

Plaintiff seeks sanctions against Defendant and Defendant’s attorney of record.  Plaintiff does not describe any conduct warranting sanctions against Defendant personally.  Sanctions are imposed against Defendant’s attorney of record only.  Defendant’s counsel is ordered to pay sanctions to Plaintiff, by and through counsel of record, in the total amount of $560.00, within twenty (20) days.

Plaintiff is ordered to give notice. 

PLEASE TAKE NOTICE:

• Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement.
• If a party intends to submit on this tentative ruling, the party must send an email to the court at sscdept31@lacourt.org with the Subject line “SUBMIT” followed by the case number.  The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.  
• Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.  You should assume that others may appear at the hearing to argue.  
• If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.  After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave. 

Dated this 7^th day of April 2023