Judge Peter A. Hernandez, Case Number: 23STCV20577, Date: 2024-11-08 Tentative Ruling

Judge: Peter A. Hernandez, Case: 23STCV20577, Date: 2024-11-08 Tentative Ruling

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Case Number: 23STCV20577 Hearing Date: November 8, 2024 Dept: 34

Defendant John Jezzini’s Motion to Deem Request for Admissions, Set One, Admitted is GRANTED. The court GRANTS Defendant’s request for monetary sanctions in the reduced amount of $1,160.00. Plaintiff Hightimes Holding Corp. must pay said monetary sanctions to Defendant within 20 days of the court’s order.

Background

On August 28, 2023, Plaintiff Hightimes Holding Corp. (“Plaintiff”) filed its Complaint against Defendants John Jezzini, Elevate Capital Investments, LLC, and Elevate Capital Holdings, Inc. (“Defendants”) on causes of action of intentional interference with existing contract and intentional interference with prospective economic relations.

On October 5, 2023, Defendants separately filed their respective answers to Plaintiff’s complaint.

On April 15, 2024, Defendant John Jezzini (“Jezzini”) filed this Motion to Deem Request for Admissions, Set One, Admitted against Plaintiff. No opposition or other response has been filed.

Legal Standard

When a party fails to serve a timely response to a request for admission, the party propounding the request for admission may move for an order to deem the genuineness of any documents and the truth of any matters specified in the requests admitted. (Code Civ. Proc., §¿2033.280, subd. (b).) A party who fails to provide a timely response waives any objection, including one based on privilege or work product. (Id., § 2033.280, subd. (a).) “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.” (Id., § 2033.280, subd. (c).)

Discussion

Jezzini contends to have served Request for Admissions, Set One, on Plaintiff on February 9, 2024. (Declaration of John Cavan (“Cavan Decl.”), ¶ 2.) Jezzini contends that Plaintiff responses were due on March 12, 2024. (Id., ¶ 4.) The due date was then continued by stipulation, as requested by Plaintiff’s counsel, to April 12, 2024. (Ibid.) Jezzini contends that Plaintiff has not provided any responses. (Id., ¶ 5.) Thus, Jezzini argues that the court should deem Jezzini’s request for admissions, set one, admitted and award Jezzini monetary sanctions for $2,947.50 against Plaintiff. (Motion, at p. 3; Cavan Decl., ¶¶ 6-7.)

There is no evidence before the court that would indicate Plaintiff responded to Jezzini’s Request for Admissions.

The court grants Jezzini’s motion. Jezzini’s request for admissions, set one, are deemed admitted.

With respect to monetary sanctions, the court notes that they are mandatory in connection with a motion to deem requests for admissions admitted. (Code Civ. Proc., § 2033.280, subd. (c).)

Since Jezzini’s motion is unopposed, the court finds that Jezzini’s counsel does not require an additional 2.00 hours to prepare reply papers. The court will therefore award Jezzini monetary sanctions in the reduced amount of $1,160.00, comprised of $1,100.00 in attorney’s fees [2 hours to prepare the motion and attend the hearing, multiplied by the reasonable hourly rate of $550.00], plus the $60.00 filing fee. Said monetary sanctions must be paid by Plaintiff within 20 days of the court’s order.

Conclusion