Judge: Peter A. Hernandez, Case: 23STCV28249, Date: 2024-10-28 Tentative Ruling

Case Number: 23STCV28249    Hearing Date: October 28, 2024    Dept: 34

5th St Loft, LLC v. Henry Morris, et al. (23STCV28249)

Plaintiff 5th St Loft, LLC’s Motion to Deem Request for Admissions, Set One, Admitted is GRANTED. The court GRANTS Plaintiff’s request for monetary sanctions in the reduced amount of $610.00, payable within 20 days from this Order.

Background

On November 17, 2023, Plaintiff 5th St Loft, LCC (“Plaintiff”) filed a complaint against Defendants Henry Morris, Fairbanks Curtis, and Does 1-25 alleging a cause of action for breach of a written lease of a property located at 312 W. 5th St., R105, Los Angeles, CA 90013.

On May 9, 2024, Defendant Henry Morris (“Morris”) filed an answer to Plaintiff’s complaint.

On October 2, 2024, Plaintiff moved to deem the truth of all matters specified in Plaintiff’s Request for Admission Set One, admitted against Morris. As of October 21, 2024, no opposition 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

Plaintiff contends to have served Request for Admissions, Set One, on Morris on May 28, 2024. (McConnell Decl., ¶ 2.) Plaintiff contends that Morris responses were due on July 1, 2024. (Id., ¶ 4.) After not receiving any responses on July 11, 2024, Plaintiff sent Morris a meet and confer letter requesting his responses by July 22, 2024. (Id., ¶ 5.)  Plaintiff contends that Morris has not provided any responses. (Id., ¶ 7.) Thus, Plaintiff argues that the court should deem Plaintiff’s Request for Admissions admitted and award monetary sanctions in the minimum amount of $1,297.50 against Morris. (Motion, p. 3; McConnell Decl., ¶ 8.)

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

The court grants Plaintiff’s motion. Plaintiff’s Request for Admissions 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).)

That being said, the court finds that since Plaintiff’s motion is unopposed Plaintiff’s counsel does not require the additional 1.50 hours to analyze or draft any opposition and reply papers. The court will therefore award Plaintiff monetary sanctions in the reduced amount of $610.00, comprised of two total hours of work preparing this motion and to attend the hearing on this motion, multiplied by the hourly rate of $275.00, plus the $60.00 filing fee. Said monetary sanctions must be paid by Morris within 20 days of the court’s order. 

Conclusion

Plaintiff 5th St Loft, LLC’s Motion to Deem Request for Admissions, Set One, Admitted GRANTED. The court GRANTS Plaintiff’s request for monetary sanctions in the reduced amount of $610.00.