Judge: Peter A. Hernandez, Case: 21PSCV00476, Date: 2022-08-18 Tentative Ruling

Case Number: 21PSCV00476    Hearing Date: August 18, 2022    Dept: O

1.         Defendant Wenxiang Xu’s Motion to Deem Requests for Admission Admitted Against Plaintiff Yuzheng Chen is GRANTED. Pursuant to CCP § 2033.280, subdivision (b), the court orders that the truth of all specified matters, and the genuineness of all specified documents, in the Requests for Admissions, Set One, propounded by Xu to Plaintiff Yuzheng Chen is deemed admitted. Sanctions are awarded in the reduced amount of $360.00 and are payable within 30 days of the date of the notice of ruling.

2.         Defendant Wenxiang Xu’s Motion to Deem Requests for Admission Admitted Against Plaintiff Jixian Han is GRANTED. Pursuant to CCP § 2033.280, subdivision (b), the court orders that the truth of all specified matters, and the genuineness of all specified documents, in the Requests for Admissions, Set One, propounded by Xu to Plaintiff Jixian Han is deemed admitted. Sanctions are awarded in the reduced amount of $360.00 and are payable within 30 days of the date of the notice of ruling.

Background   

This is a landlord/tenant dispute. On November 9, 2021, Plaintiffs Yuzheng Chen and Jixian Han (“Plaintiffs”) filed a complaint, asserting a cause of action against Defendants Ruzhuan Cao (“Cao”), Wenxiang Xu and Does 1-2 for:

1.                  Breach of Contract

On March 24, 2022, the court ordered Cao dismissed without prejudice.

The Final Status Conference is set for January 9, 2024. Trial is set for January 23, 2024.

1.         Motion to Deem RFAs Admitted Re: Plaintiff Chen

Legal Standard

A response to requests for admission is due 30 days after service. (Code Civ. Proc., § 2033.250, subd. (a).)

“If a party to whom requests for admission are directed fails to serve a timely response, . . . (b) The 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, as well as for a monetary sanction . . .” (Code Civ. Proc., § 2033.280, subd. (b).)

“The court shall make 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. 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 this motion. (Code Civ. Proc., § 2033.280, subd. (c).)

Discussion

Xu moves the court for an order that the truth of all specified matters, and the genuineness of all specified documents, in Xu’s Requests for Admissions, Set No. One, propounded to Plaintiff Yuzheng Chen (“Chen”) be deemed admitted. Xu also seeks monetary sanctions against Chen in the amount of $860.00.

On May 13, 2022, Xu mail-served the subject discovery on Chen. (Lee Decl., ¶¶ 2 and 4, Exh. A.) Xu has not received any response to same, as of the filing date of the motion. (Id., ¶¶ 2 and 5.)

The motion is granted. It is unopposed. Pursuant to Code of Civil Procedure § 2033.280, subdivision (b), the court orders that the truth of all specified matters, and the genuineness of all specified documents, in the Requests for Admissions, Set One, propounded by Xu to Chen is deemed admitted.

Sanctions

Again, Xu seeks sanctions against Chen in the amount of $860.00 [calculated as follows: 1 hour preparing motion, plus 0.5 hours reviewing opposition and preparing reply, plus 0.5 hours attending hearing at $400.00/hour, plus $60.00 filing fee].

Utilizing a Lodestar approach, and in view of the totality of the circumstances, the court finds that the total and reasonable amount of attorney’s fees and costs incurred for the work performed in connection with Plaintiffs’ opposition motion is $360.00 (i.e., 1 hour at $300.00/hour, plus $60.00 filing fee). Sanctions are payable within 30 days of the date of the notice of ruling.

2.         Motion to Deem RFAs Admitted Re: Plaintiff Han

Legal Standard

See Motion #1.

Discussion

Xu moves the court for an order that the truth of all specified matters, and the genuineness of all specified documents, in Xu’s Requests for Admissions, Set No. One, propounded to Plaintiff Jixian Han (“Han”) be deemed admitted. Xu also seeks monetary sanctions against Han in the amount of $860.00.

See synopsis of Motion #1.

The motion is granted. It is unopposed. Pursuant to Code of Civil Procedure § 2033.280, subdivision (b), the court orders that the truth of all specified matters, and the genuineness of all specified documents, in the Requests for Admissions, Set One, propounded by Xu to Han is deemed admitted.

Sanctions

Xu seeks sanctions against Han in the amount of $860.00 [calculated as follows: 1 hour preparing motion, plus 0.5 hours reviewing opposition and preparing reply, plus 0.5 hours attending hearing at $400.00/hour, plus $60.00 filing fee].

Utilizing a Lodestar approach, and in view of the totality of the circumstances, the court finds that the total and reasonable amount of attorney’s fees and costs incurred for the work performed in connection with Plaintiffs’ opposition motion is $360.00 (i.e., 1 hour at $300.00/hour, plus $60.00 filing fee). Sanctions are payable within 30 days of the date of the notice of ruling.