Judge Ralph C. Hofer, Case Number: 22GDCV00236, Date: 2023-11-03 Tentative Ruling

Under CCP § 2033.280, a party who fails to serve a timely response to requests for admissions “waives any objection to the requests.” In addition, the requesting party may move for an order that “the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction....” CCP Section 2033.280(b). The code specifies that “The court shall make this order, unless it finds that the party to whom the requests for admissions have been directed has served, before the hearing on the motion, a proposed response to the request for admissions that is in substantial compliance with section 2033.220.” CCP section 2033.280(c).

In this case, requests for admissions were served on plaintiff on August 18, 2023, and plaintiff has failed to serve timely responses, and has therefore waived all objections. Propounding parties have filed a noticed motion requesting an order that the requests be deemed admitted as truth. Unless a satisfactory response is served before the hearing, the court must grant the motion.

“It is mandatory that the court impose a monetary sanction under Chapter 7 (commencing with section 2023.010) on the party or attorney, or both, whose failure to serve a timely response to requests for admissions necessitated this motion.”

CCP § 2023.010 provides that misuse of the discovery process includes “(d) Failing to respond or to submit to an authorized method of discovery.” Where there has been such conduct, under CCP section 2023.030(a), “the court may impose a monetary sanction ordering that one engaging in the misuse of the discovery process, or any attorney advising that conduct, or both pay the reasonable expenses, including attorney’s fees, incurred by anyone as a result of that conduct....If a monetary sanction is authorized” by the statute, “ the court shall impose that sanction unless it finds that the one subject to the sanction acted with substantial justification or that the other circumstances make the imposition of the sanction unjust.” CCP §2023.030(a).

“The court may award sanctions under the Discovery Act in favor of a party who files a motion to compel, even though no opposition to the motion was filed, or opposition to the motion was withdrawn, or the requested discovery was provided to the moving party after the motion was filed.”

In this case, plaintiff has failed to respond to an authorized method of discovery and made this motion necessary. Propounding parties have submitted evidence showing that they have incurred expenses as a result of the conduct. Since the motion is unopposed, there is no evidence that the imposition of sanctions would be unjust. Mandatory sanctions must be awarded. The sanctions requested are $1,600.00. Two hours at $200 per hour are sought to review opposition and prepare a reply, which should take less time as there is no opposition. In addition, three hours are sought to travel to and attend the hearing, when counsel has the option to attend the hearing remotely. The fees awarded are adjusted accordingly as follows: the court does not award attorney hours for preparing a reply and reduces hours for the hearing to one hour given remote appearances are allowed by the court. The total attorney hours awarded are 4.0 hours with sanctions limited to $800.00.

Plaintiff Michael Lloyd has failed to serve timely responses substantially complying with the provisions of CCP § 2033.220 prior to the hearing on this motion. The Court therefore orders that all matters specified in Defendants USC Verdugo Hills Hospital and Karla O’Dell, M.D.’s Requests for Admissions to Plaintiff Michael Lloyd, Set One, are deemed admitted as true, pursuant to CCP § 2033.280(b) and (c).

Monetary sanctions requested by moving parties: 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 the pending motion is $800.00 (4.0 hours @ $200/hour) (8 hours requested) [Amount Requested $1,600], which sum is to be awarded in favor of defendants USC Verdugo Hills Hospital and Karla O’Dell, M.D. and against plaintiff Michael Lloyd., payable within 30 days. CCP §§ 2033.280(c), 2023.010(d), 2023.030(a

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