Judge: Nathan Vu, Case: 30-2021-01227299, Date: 2022-10-31 Tentative Ruling

Please Note: The hearing on this matter has been changed to 8:30 A.M.

Motion to Compel

Pursuant to the Stipulation and Order re: Plaintiff’s Motion to Compel Responses to Requests for Production Set One filed 10/25/2022, Plaintiff Janine Lucero’s motion to compel responses to requests for production set one is taken OFF CALENDAR.

Motion to Deem Facts Admitted

Plaintiff Janine Lucero’s motion to deem facts admitted is DENIED as moot.

Defendant MB Right, LLC is ORDERED to pay sanctions to Plaintiff Janine Lucero in the amount of $700 (2 hours x $350/hour) within 15 days of receiving notice of this ruling.

Plaintiff Janine Lucero moves to deem admitted the requests for admissions (set one) propounded on Defendant MB Right, LLC.

Deeming Matters as Admitted

When a party properly propounds requests for admission and the party receiving the requests fails to respond, “[t]he requesting 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 . . . .” (Civil Proc. Code, § 2033.280, subd. (b).)

The court is required to grant this order, “unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220.” (Civil Proc. Code, § 2033.280, subd. (c).)

Defendant asserts that it served compliant responses to the requests for admission on 10/13/2022. (See Lampel Dec., ¶ 19.) Plaintiff did not file a reply contending that those responses do not conform with Civil Procedure Code section 2033.220.

Sanctions

The Civil Procedure Code states that “it is mandatory that the court impose a monetary sanction . . . on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated” a motion that the genuineness of documents and the truth of matters be deemed admitted. (Civil Proc. Code, § 2033.280, subd. (c).) Here, Defendant’s failure to serve responses in a timely manner “necessitated” the filing of this motion, even though Defendant served responses after the motion was filed.

Plaintiff shall give notice of this ruling