Judge: Peter Wilson, Case: JCCP5008, Date: 2022-07-28 Tentative Ruling

Plaintiffs Brent Kuwashima, Nien Chu Chen, Kevin Cheng, Danny Wong, James Tran and The CW Group, LLC seek an order to deem admitted the matters set forth in the Requests for Admission, Set One (RFA) propounded to Defendant Linh Nguyen (Defendant) by Plaintiff Brent Kuwashima (Kuwashima) and for an award of monetary sanctions in the amount of $1,875 against Defendant.   


The unopposed Motion is GRANTED, as to Kuwashima only. Kuwashima has demonstrated that Defendant has failed to provide any response to the RFA propounded by Kuwashima. ROA 600, Flock Decl., ¶2, and Ex. A. Therefore, Defendant has waived all objections, including those based on privilege or work product, and Kuwashima is entitled to an order deeming the RFA admitted. (Code Civ. Proc. § 2033.280(a), (b).) Plaintiffs have cited no authority for the proposition that the admissions should be deemed admitted as to all plaintiffs, and not just as to the propounding party, Kuwashima.


Kuwashima is also entitled to monetary sanctions but in the reduced amount of $1,500 (4 hours X $375 / hour) pursuant to CCP § 2033.280(c). Defendant is ordered to pay the monetary sanctions to Kuwashima within 30 days.


Kuwashima is ordered to give notice.


The status conference remains on calendar.