Judge: Robert B. Broadbelt, Case: 23STCV03455, Date: 2024-11-06 Tentative Ruling

Case Number: 23STCV03455    Hearing Date: November 6, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                Plaintiff Kristin Davidkhanian 

RESPONDING PARTY:       Unopposed

(1)   Motion to Deem Requests for Admission Admitted

(2)   Motion to Compel Responses to Requests for Production of Documents

The court considered the moving papers filed in connection with each motion.[1]  No opposition papers were filed.  

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED

Plaintiff Kristin Davidkhanian (“Plaintiff”) moves the court for an order (1) deeming admitted the truth of the matters specified in the Requests for Admission, Set One, served on defendant Advanced Skin Care Center Inc. (“Defendant”), and (2) awarding monetary sanctions in favor of Plaintiff and against Defendant in the amount of $2,720.

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 served Defendant with her Requests for Admission, Set One, by mail[2] on April 8, 2024.  (Banayan Decl., Ex. F, pp. 1–5 [Requests for Admission on Defendant], 6 [proof of electronic service of Requests for Admission on Defendant’s counsel].)  Defendant did not serve timely responses and had not served responses as of the date that Plaintiff filed this motion.  (Banayan Decl., ¶ 7.)  Defendant did not file opposition papers or other evidence with the court establishing that, before the hearing on this motion, it served a proposed response to the Requests for Admission that is in substantial compliance with section 2033.220.  (Code Civ. Proc., § 2033.280, subd. (c).)  The court therefore grants Plaintiff’s motion.  (Code Civ. Proc., §2033.280, subds. (b), (c).)

The court grants Plaintiff’s request for monetary sanctions.  (Code Civ. Proc., § 2033.280, subd. (c).)  The court finds that $895 ((1.5 hours x $550 hourly rate) + $70 filing fee) is a reasonable amount of sanctions to impose against Defendant in connection with this motion.  (Banayan Decl., ¶ 8.)

MOTION TO COMPEL RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS

Plaintiff moves the court for an order (1) compelling Defendant to serve responses to Plaintiff’s Requests for Production of Documents, Set Two, and (2) awarding monetary sanctions in favor of Plaintiff and against Defendant in the amount of $2,702.

If a party to whom a demand for inspection is directed fails to serve a timely response, the party making the demand may move for an order compelling response to the demand.¿ (Code Civ. Proc., §¿2031.300, subd. (b).)¿¿ 

Plaintiff served Defendant with her Requests for Production of Documents, Set Two, on April 22, 2024, by email.[3]  (Banayan Decl., Ex. 1, p. 6.)  Defendant did not serve timely responses and had not served responses to this discovery as of the date that Plaintiff filed this motion.  (Banayan Decl., ¶ 4.)  Defendant did not file opposition papers or other evidence with the court establishing that it has since served responses.

The court therefore grants Plaintiff’s motion to compel Defendant to serve responses to her Requests for Production of Documents, Set Two.  (Code Civ. Proc., § 2031.300, subd. (b).)

The court grants Plaintiff’s request for monetary sanctions.  (Code Civ. Proc., § 2031.300, subd. (c).)  The court finds that $1,170 ((2 hours x reasonable hourly rate of $550) + $70 filing fee) is a reasonable amount of sanctions to impose against Defendant in connection with this motion.  (Banayan Decl., ¶ 5.)

ORDER

            The court grants plaintiff Kristin Davidkhanian’s motion to deem requests for admission admitted.

            Pursuant to Code of Civil Procedure section 2033.280, the court orders that the truth of the matters specified in plaintiff Kristin Davidkhanian’s Requests for Admission, Set One, served on defendant Advanced Skin Care Center Inc. on April 8, 2024, is deemed admitted.

            The court grants plaintiff Kristin Davidkhanian’s motion to compel responses to requests for production of documents. 

            Pursuant to Code of Civil Procedure section 2031.300, the court orders defendant Advanced Skin Care Center Inc. (1) to serve on plaintiff Kristin Davidkhanian full and complete verified responses, without objections, that comply with Code of Civil Procedure sections 2031.210-2031.250, to plaintiff Kristin Davidkhanian’s Requests for Production of Documents, Set Two, and (2) to produce to plaintiff Kristin Davidkhanian all documents and things in defendant Advanced Skin Care Center Inc.’s possession, custody, or control, which are responsive to those requests, within 20 days of the date of service of this order.

            The court orders defendant Advanced Skin Care Center Inc. to pay monetary sanctions to plaintiff Kristin Davidkhanian in the total amount of $2,065 within 30 days of the date of service of this order.

            The court orders plaintiff Kristin Davidkhanian to give notice of this ruling.

IT IS SO ORDERED.

DATED:  November 6, 2024

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court