Judge: Randy Rhodes, Case: 22CHCV00840, Date: 2023-03-06 Tentative Ruling

Case Number: 22CHCV00840¿    Hearing Date: March 6, 2023    Dept: F51

Dept. F-51

Date: 3/6/23

Case #22CHCV00840

¿¿ MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED

(Requests for Admission, Set One) 

Motion Filed: 1/17/23

MOVING PARTY: Defendant Town Ridge Homes Association (“Defendant”)

RESPONDING PARTY: Plaintiff Aric Cho, in pro per (“Plaintiff”)

NOTICE: OK

RELIEF REQUESTED: An order deeming each of Defendant’s Requests for Admission (RFAs), Set One, propounded on Plaintiff, be admitted. Defendant further requests that the Court order monetary sanctions against Plaintiff in the amount of $760.00.

TENTATIVE RULING: The motion is granted. The Court deems each of Defendant’s RFAs, Set One as admitted. The Court imposes sanctions against Plaintiff in the amount of $100.00.

BACKGROUND¿ 

Plaintiff alleges that he was injured as a result of a dangerous condition on property associated with Defendant, a homeowners association. 

On 10/11/22, Plaintiff filed his complaint, alleging against Defendant the sole cause of action for dangerous condition on property. 

On 11/16/22, Defendant served Plaintiff with its RFAs, Set One. No responses have been served by Plaintiff to date. On 1/17/23, Defendant filed the instant motion to compel Plaintiff’s responses to Defendant’s RFAs, Set One. On 2/17/23, Plaintiff filed his opposition. On 2/21/23, Defendant filed its reply.

ANALYSIS 

Legal Standard 

A responding party must respond to each propounded request for admission with either a substantive answer or an objection to the particular request. (Code Civ. Proc. § 2033.210.)

A propounding party may move for an order deeming the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted if the responding party fails to serve a timely response within 30 days. (Code Civ. Proc. §§ 2033.280, subd. (b); 2033.250, subd. (a).) Furthermore, the responding party who fails to serve a timely response “waives any objection to the requests, including one based on privilege or on the protection for work product” unless the Court grants it relief upon motion. (Code Civ. Proc. § 2033.280, subd. (a).) 

As Defendant served its RFAs on Plaintiff by mail and email on 11/16/22, the deadline for Plaintiff to respond was 12/21/22. (Code Civ. Proc. § 2030.260, subd. (a).) To date, Plaintiff has failed to serve any responses. (Decl. of Adam Byrne,  ¶ 5.)  

On 12/25/22, Plaintiff indicated to Defendant, via email, that he would not respond to the discovery requests. (Ex. B to Byrne Decl.) Therefore, as Plaintiff has failed to timely serve any responses to Defendant’s RFAs, Plaintiff has consequently waived any objections thereto. (Code Civ. Proc. § 2033.280, subd. (a).) 

Based on the foregoing, the Court grants Defendant’s motion to deem its RFAs, Set One to Plaintiff as admitted.

Sanctions 

“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 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.” (Code Civ. Proc. § 2033.280, subd. (c).) Additionally, “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.” (Code Civ. Proc. § 2023.030, subd. (a).) 

Here, Defendant requests monetary sanctions in the total amount of $760.00 to be imposed on Plaintiff. This amount includes 4 hours of Defendant’s attorney’s time spent working on this motion, at his hourly billing rate of $175.00 per hour, and a filing fee of $60.00. (Byrne Decl., ¶ 6.) 

In granting the instant motion, the Court finds it reasonable to award Defendant sanctions against Plaintiff, a self-represented litigant, in the amount of $100.00.

CONCLUSION 

The motion is granted. The Court deems each of Defendant’s RFAs, Set One as admitted. The Court imposes sanctions against Plaintiff in the amount of $100.00.