Judge: Robert B. Broadbelt, Case: 21STCV16654, Date: 2025-06-12 Tentative Ruling

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Case Number: 21STCV16654    Hearing Date: June 12, 2025    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Cross-defendant and cross-complainant Mechanical Air Conditioning & Heating Ventilation

RESPONDING PARTY:       Plaintiff The Park at Cross Creek, LLC

Motion for Order Deeming Truth of Matters Specified in Requests for Admission Admitted, and for Monetary Sanctions

The court considered the moving, opposition, and reply papers filed in connection with this motion.

DISCUSSION

Cross-defendant and cross-complainant Mechanical Air Conditioning & Heating Ventilation (“Cross-Defendant”) moves the court for an order (1) deeming admitted the truth of the matters specified in the Requests for Admission served on plaintiff The Park at Cross Creek, LLC (“Plaintiff”), and (2) awarding monetary sanctions in favor of Cross-Defendant and against Plaintiff in the amount of $1,425.

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, before the hearing on the motion, a proposed response that is in substantial compliance with Code of Civil Procedure section 2033.220.¿ (Code Civ. Proc., § 2033.280, subds. (b), (c).)¿¿¿¿¿¿¿¿¿ 

Plaintiff has shown, and Cross-Defendant does not dispute, that Plaintiff has served proposed responses to the Requests for Admission that are in substantial compliance with section 2033.220.  (Turner Decl., Ex. D; Reply, p. 2:5-8 [“Plaintiff served responses to Cross-Defendant MACVH’s Requests for Admission, Set One . . . on May 30, 2025 . . . .”].)  The court therefore denies as moot Cross-Defendant’s motion to deem admitted the truth of the matters specified in the Requests for Admission served on Plaintiff.  (Code Civ. Proc., § 2033.280, subd. (c).)

The court grants Cross-Defendant’s request for sanctions.  (Code Civ. Proc., § 2033.280, subd. (c) [“It is mandatory that the court impose a monetary sanction . . . on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion”].)  The court finds that $1,425 ((7 hours x $195 hourly rate) + $60 filing fee) is a reasonable amount of monetary sanctions to impose against Plaintiff in connection with this motion.  (Ventura Decl., ¶ 4.)

ORDER

            The court grants in part cross-defendant and cross-complainant Mechanical Air Conditioning & Heating Ventilation’s motion for order deeming admitted the truth of the matters specified in requests for admission, and for monetary sanctions, as follows.

            The court orders plaintiff The Park at Cross Creek, LLC to pay monetary sanctions to cross-defendant and cross-complainant Mechanical Air Conditioning & Heating Ventilation in the amount of $1,425 within 30 days of the date of this order.

            The court denies as moot all other relief requested.

            The court orders cross-defendant and cross-complainant Mechanical Air Conditioning & Heating Ventilation to give notice of this ruling.

IT IS SO ORDERED.

DATED:  June 12, 2025

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court