Judge: Robert B. Broadbelt, Case: 22STCV05861, Date: 2022-12-22 Tentative Ruling

Case Number: 22STCV05861    Hearing Date: December 22, 2022    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Plaintiff 7 Melrose, LLC       

RESPONDING PARTY:       Unopposed

Motion for Order Compelling Responses to First Set of Requests for Admissions, Deeming Admissions Admitted, and for Monetary Sanctions

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

DISCUSSION

Plaintiff 7 Melrose, LLC (“Plaintiff”) moves the court for an order (1) that the truth of all matters and the genuineness of all documents specified in Plaintiff’s Request for Admissions, served on defendant Jacques Fiorentino (“Defendant”) on July 21, 2022, be deemed admitted, and (2) awarding sanctions in favor of Plaintiff and against Defendant in the amount of $960.

If a party to whom requests for admissions are directed fails to serve a timely response, the court shall, upon motion by the propounding party, order 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 its First Set of Requests for Admissions on Defendant by mail on July 21, 2022.  (Block Decl., ¶ 2; Block Decl., Ex. 1.)  Plaintiff asserts that Defendant has not provided Plaintiff with any verified responses.  (Block Decl., ¶ 3.)  Defendant has not filed an opposition or other papers with the court establishing that responses to Plaintiff’s Requests for Admissions have been served.

Upon consideration of the evidence submitted, the court finds that Defendant has not served responses to Plaintiff’s Requests for Admissions 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 $960 (2 hours x $450 per hour + $60 filing fee) is a reasonable amount of sanctions to impose against Defendant in connection with this motion.  (Block Decl., ¶ 7.) 

ORDER

The court grants plaintiff 7 Melrose, LLC’s motion for order that the truth of all matters and the genuineness of all documents specified in Plaintiff’s Request for Admissions be deemed admitted, and for monetary sanctions.

The court orders that the truth of the matters and the genuineness of all documents specified in plaintiff 7 Melrose, LLC’s First Set of Requests for Admissions, served on defendant Jacques Fiorentino on July 21, 2022, as attached as Exhibit 1 to the declaration of Dennis P. Block, are deemed admitted.  (Code Civ. Proc., § 2033.280, subd. (b).)

The court orders defendant Jacques Fiorentino to pay sanctions to plaintiff 7 Melrose, LLC in the amount of $960 within 30 days from the date of this order.

The court orders plaintiff 7 Melrose, LLC to give notice of this ruling.

IT IS SO ORDERED.

DATED:  December 22, 2022

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court