Judge: Robert B. Broadbelt, Case: 21STCV34332, Date: 2022-08-29 Tentative Ruling

Case Number: 21STCV34332    Hearing Date: August 29, 2022    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Plaintiff Anchor General Insurance Company          

RESPONDING PARTY:        Defendant Reginald Dowdley

Motion to Deem Requests for Admissions Admitted

The court considered the moving, opposition, and reply papers filed in connection with this motion.  The court notes that Defendant filed a sur-reply on August 25, 2022.  The court did not authorize Defendant to file this sur-reply and therefore has not considered that filing.  

DISCUSSION

Plaintiff Anchor General Insurance Company (“Plaintiff”) moves for an order (1) deeming its Requests for Admission, served on defendant Reginald Dowdley (“Defendant”) admitted, and (2) awarding sanctions in the sum of $586.65 against Defendant and in favor of Plaintiff.

Plaintiff served its Requests for Admissions on Defendant on January 5, 2022.  (Watson Decl., Ex. C.)  Defendant contends that (1) Plaintiff’s motion was never served on Defendant, and (2) Defendant served verified responses on May 27, 2022.  The court notes that Plaintiff’s Proof of Service states that Defendant was served at the email address “service@nguyenlawyers.com,” which Defendant confirms is the correct address for service.  (Opp., 2:7-9.)  Because Defendant has presented evidence establishing that this motion is moot, the court rules on the merits of Plaintiff’s motion.

The court finds that Defendant has presented evidence establishing that he served, before the hearing on this motion, responses to Plaintiff’s Requests for Admissions that are in substantial compliance with Code of Civil Procedure section 2033.220.  (Lopez Decl., Ex. A.)  The court therefore denies Plaintiff’s motion for an order that the truth of the matters specified in Plaintiff’s Requests for Admissions be deemed admitted.  (Code Civ. Proc., § 2033.280, subd. (c).)

The court grants Plaintiff’s request for sanctions.  The court finds that $586.65 is a reasonable amount of monetary sanctions to impose against Defendant on this motion.  (Code Civ. Proc., § 2033.280, subd. (c).)

ORDER

            The court denies as moot plaintiff Anchor General Insurance Company’s motion for order deeming admissions admitted as against defendant Reginald Dowdley.  (Code Civ. Proc., § 2033.280, subd. (c).)

            The court grants plaintiff Anchor General Insurance Company’s request for monetary sanctions against defendant Reginald Dowdley.  The court orders defendant Reginald Dowdley to pay monetary sanctions to plaintiff Anchor General Insurance Company in the amount of $586.65 within 30 days of the date of this order.  (Code Civ. Proc., § 2033.280, subd. (c).)

The court orders plaintiff Anchor General Insurance Company to give notice of this order.

IT IS SO ORDERED.

DATED:  August 29, 2022

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court