Judge: Richard Y. Lee, Case: 30-2020-01156261, Date: 2022-10-13 Tentative Ruling

Plaintiff Patricia Montes (“Plaintiff”) moves for an order deeming the truth of all matters specified in Plaintiff’s Requests for Admission, Set One, served on Defendants Diana Laura Marquez and Martin Marquez (“Defendants”) admitted and imposing monetary sanctions in the amount of $3,133.75.

Code of Civil Procedure section 2033.280(b) provides that, when a party fails to serve a timely response to requests for admission, “[t]he requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction under Chapter 7 (commencing with Section 2023.010).”  Section 2033.280 further provides that “[i]t 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.”  (Id., § 2033.280(c).)

Plaintiff served each Defendant with Requests for Admission, Set One, on June 6, 2022.  (Declaration of Taylor R. Dann, ¶ 2, Ex. A.)  Defendants failed to serve any response.  (Id., ¶ 3.) 

The Court finds that Plaintiff has met her burden to show she is entitled to the requested order and monetary sanctions and is inclined to grant the Motion.  However, the Court’s files show that no proof of service has been filed with regard to the Motion. 

Thus, if moving party files the proof of service before the hearing or brings the proof of service to the hearing, the motion is GRANTED and sanctions are awarded in the amount of $3,133.75 payable within 30 days.

Failure to provide the proof of service will result in denial of the motion.

Moving party to give notice.