Judge: Robert B. Broadbelt, Case: 22STCV34720, Date: 2023-08-10 Tentative Ruling

Case Number: 22STCV34720    Hearing Date: December 1, 2023    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Defendant Jaqueline Chibarian         

RESPONDING PARTY:       Plaintiff Ray Rivera, as successor trustee of the Rivera Family Trust U/A Dated September 4, 2018

Motion to Deem Requests for Admissions Admitted

The court considered the moving papers and the request for a continuance filed in connection with this motion.

DISCUSSION

Defendant Jaqueline Chibarian (“Defendant”) moves the court for an order (1) deeming the truth of the matters specified in and the genuineness of the documents attached to the Requests for Admission, Set One, served on plaintiff Ray Rivera, as successor trustee of the Rivera Family Trust U/A, dated September 4, 2018 (“Plaintiff”), admitted, and (2) awarding sanctions in favor of Defendant and against Plaintiff in the amount of $1,560.

The court denies Plaintiff’s request for a continuance of the hearing on this motion so that he can obtain counsel because (1) Plaintiff has been representing himself since March 16, 2023, and has not explained what efforts he has made to obtain counsel since that date, (2) Plaintiff has not explained why he has not filed an opposition to Defendant’s motion, and (3) Plaintiff has not made a showing of other circumstances that would constitute good cause to justify a continuance of Defendant’s motion.

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).)¿¿¿ 

Defendant served Plaintiff with the Requests for Admissions, Set One, on August 10, 2023, by email.  (Alkana Decl., Ex. 1.)  Plaintiff did not serve timely responses and had not served responses as of the date that Defendant filed this motion.  (Alkana Decl., ¶ 3.)  Plaintiff has not filed evidence with the court establishing that responses were served. 

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

The court grants Defendant’s request for an award of monetary sanctions against Plaintiff.  (Code Civ. Proc., § 2033.280, subd. (c).)  The court finds that $1,310 ((2.5 hours x $500 hourly rate) + $60 filing fee) is a reasonable amount of sanctions to impose against Plaintiff in connection with this motion.  (Alkana Decl., ¶ 4.)

ORDER

            The court grants defendant Jaqueline Chibarian’s motion to deem requests for admissions admitted.

Pursuant to Code of Civil Procedure section 2033.280, subdivision (b), the court orders that the genuineness of the documents and truth of the matters specified in Jaqueline Chibarian’s Requests for Admission, Set One, served on plaintiff Ray Rivera, as successor trustee of the Rivera Family Trust, U/A, dated September 4, 2018, are deemed admitted.

The court orders plaintiff Ray Rivera, as successor trustee of the Rivera Family Trust, U/A, dated September 4, 2018 to pay monetary sanctions to defendant Jaqueline Chibarian in the amount of $1,310 within 90 days of the date of service of this order.

The court orders defendant Jaqueline Chibarian to give notice of this ruling.

IT IS SO ORDERED.

DATED:  December 1, 2023

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court