Judge: Robert B. Broadbelt, Case: 23STCV21848, Date: 2024-03-22 Tentative Ruling

Case Number: 23STCV21848    Hearing Date: March 22, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                Plaintiff Immigrant Rights Defense Council, LLC

RESPONDING PARTY:        Unopposed

Motion to Deem Admissions Admitted and Request for Sanctions

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

DISCUSSION

Plaintiff Immigrant Rights Defense Council, LLC (“Plaintiff”) moves the court for an order (1) deeming admitted the truth of the matters specified in its Requests for Admission, Set One, served on defendant Agencia Privada de Inmigracion, Inc. (“Defendant”), and (2) awarding monetary sanctions in its favor and against Defendant in the amount of $2,578.35.

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).)¿¿¿¿¿¿¿ 

Plaintiff served Defendant with its Requests for Admissions, Set One, on December 28, 2023, by mail.  (Medvei Decl., Ex. 1, p. 24 [proof of service].)  Defendant did not serve timely responses and had not served responses as of the date that Plaintiff filed this motion.  (Medvei Decl., ¶ 5.)  Defendant did not file an opposition brief or other evidence with the court establishing that responses have since been served.  The court therefore grants Plaintiff’s motion.  (Code Civ. Proc., § 2033.280, subd. (c).)

The court grants Plaintiff’s request for monetary sanctions.  (Code Civ. Proc., § 2033.280, subd. (c).)  The court finds that $1,078 ((2 hours x $500 hourly rate) + $78.35 filing fees) is a reasonable amount of sanctions to impose against Defendant in connection with this motion.  (Medvei Decl., ¶ 6.)

ORDER

The court grants plaintiff Immigrant Rights Defense Council, LLC’s motion to deem admissions admitted and for sanctions.

Pursuant to Code of Civil Procedure section 2033.280, subdivision (b), the court orders that the truth of the matters specified in plaintiff Immigrant Rights Defense Council, LLC’s Request for Admissions, Set One, served on defendant Agencia Privada de Inmigracion, Inc., is deemed admitted.

The court orders defendant Agencia Privada de Inmigracion, Inc. to pay monetary sanctions to plaintiff Immigrant Rights Defense Council, LLC in the amount of $1,078 within 30 days of the date of service of this order.

The court orders plaintiff Immigrant Rights Defense Council, LLC to give notice of this ruling.

IT IS SO ORDERED.

DATED:  March 22, 2024

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court