Judge: Robert B. Broadbelt, Case: 21STCV02859, Date: 2023-01-25 Tentative Ruling

Tentative rulings are sometimes, but not always, posted. The purpose of posting a tentative ruling is to to help focus the argument. The posting of a tentative ruling is not an invitation for the filing of additional papers shortly before the hearing.

Case Number: 21STCV02859    Hearing Date: January 25, 2023    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Plaintiff Consumer Advocacy Group            

RESPONDING PARTY:       Unopposed

Motion to Deem Requests for Admission Admitted

The court considered the moving papers filed in connection with this motion.  No opposition papers were filed.

DISCUSSION

Plaintiff Consumer Advocacy Group, Inc. (“Plaintiff”) moves the court for an order (1) deeming admitted the truth of the matters specified in Plaintiff’s Requests for Admission, Set One, served on defendant Midland Hardware Company No. 4 (“Defendant”), and (2) awarding sanctions in favor of Plaintiff and against Defendant in the amount of $1,747.50.

If a party to whom requests for admission are directed fails to serve a timely response, the court shall, upon motion by the propounding party, order that the matters specified in the requests be deemed admitted unless the court finds that the party to whom the requests for admission have been directed has served substantially compliant responses before the hearing on the motion.¿ (Code Civ. Proc., § 2033.280, subds. (b), (c).) 

Plaintiff served on Defendant its Requests for Admission, Set One, on February 4, 2022.  (Rasiah Decl., ¶ 2; Rasiah Decl., Ex. A.)  Although Defendant was granted an extension, Defendant did not serve timely responses, and had not provided responses as of the date that Plaintiff filed this motion.  (Rasiah Decl., ¶¶ 3, 5.)  Defendant has not filed an opposition or other evidence with the court establishing that responses have been served.

The court finds that Defendant has not served responses to Plaintiff’s Requests for Admission, Set One, and therefore grants Plaintiff’s motion.  (Code Civ. Proc., § 2033.280, subds. (b), (c).)

The court grants Plaintiff’s request for monetary sanctions against Defendant.  (Code Civ. Proc., § 2033.280, subd. (c).)  The court finds that $997.50 (2.5 hours x $375 hourly rate + $60 filing fee) is a reasonable amount of sanctions to impose against Defendant in connection with this motion.  (Rasiah Decl., ¶ 6.)

ORDER

The court grants plaintiff Consumer Advocacy Group, Inc.’s motion to deem requests for admission admitted.

The court orders that the truth of the matters specified in plaintiff Consumer Advocacy Group, Inc.’s Requests for Admission, Set One, served on defendant Midland Hardware Company No. 4 on February 4, 2022, as attached as Exhibit A to the declaration of Ruth Rasiah, is deemed admitted.  (Code Civ. Proc., § 2033.280, subd. (b).) 

The court orders defendant Midland Hardware Company No. 4 to pay sanctions to plaintiff Consumer Advocacy Group, Inc. in the amount of $997.50 within 30 days of the date of service of this order.

The court orders plaintiff Consumer Advocacy Group, Inc. to give notice of this ruling.

IT IS SO ORDERED.

DATED:  January 25, 2023

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court