Judge Ralph C. Hofer, Case Number: 24NNCV04609, Date: 2025-01-24 Tentative Ruling

Order that truth of all specified matters, and the genuineness of all specified documents in Plaintiff’s Requests for Admissions (Set One) to defendant Murvin Durkee be deemed admitted

Under CCP § 2033.280 (a), a party who fails to serve a timely response to requests for admissions “waives any objection to the requests, including one based on privilege or on the protection for work product….” 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 § 2033.280(b). The Code specifies that, “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.” CCP § 2033.280(c).

This is an unlawful detainer action. Under CCP section 2033.250 (a) a response to requests for admissions shall be served “Within 30 days after service of a demand…” Under subdivision (b):

“Notwithstanding subdivision (a), in an unlawful detainer action… the party to whom the request is directed shall have at least five days from the date of service to respond, unless on motion of the requesting party, the court has shortened the time for response, or unless on motion of responding party, the court has extended the time for response.”

In this case, requests for admissions were served on November 13, 2024. Five days from the date of service by overnight mail, allowing an additional two days, was November 20, 2024. When no responses were served, plaintiff filed and served this motion on November 21, 2024. Defendant has failed to serve timely responses, and has therefore waived all objections. Plaintiff has 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 admission necessitated this motion.”

CCP § 2023.010 provides that misuses of the discovery process include: “(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).

In this case, the motion is granted. Defendant has failed to respond to an authorized method of discovery, and plaintiff has submitted evidence that plaintiff has incurred expenses as a result of the conduct. The imposition of sanctions is mandatory. Moreover, the motion is unopposed, so there is no evidence that the imposition of sanctions would be unjust. Sanctions must be awarded. Plaintiff requests $599, only $598 of which is supported by the declaration submitted. These sums appear reasonable. The $598 figure will be awarded in full as requested.

Plaintiff’s Motion for Order Deeming Admitted Plaintiff’s Requests for Admissions, Set One, to Defendant Murvin Durkee is GRANTED. Defendant Murvin Durkee has failed to serve timely responses, or a proposed response to the requests for admission that is in substantial compliance with Section 2033.220 prior to the hearing on this motion. The Court therefore orders that all matters specified in Plaintiff’s Request for Admissions (Set One) to defendant Murvin Durkee are deemed admitted as true, and documents admitted as genuine, pursuant to CCP § 2033.280(c).

Mandatory monetary sanctions requested by moving party: 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 $598 (1.25 hours @ $425/hour) [1.25 hours requested] plus $68 in filing fees [Amount Requested $599 ($598 supported)], which sum is to be awarded in favor of plaintiff Arminta Meta LP and against defendant Murvin Durkee, payable within 30 days. CCP §§ 2033.280(c), 2023.010(d), 2023.030(a). Counsel for moving party is ordered to prepare an order for sanctions and submit it on ecourt by noon today in accordance with this order.

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