Judge: Robert B. Broadbelt, Case: BC716112, Date: 2025-02-14 Tentative Ruling

Case Number: BC716112    Hearing Date: February 14, 2025    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Plaintiff Manoucher Sarbaz   

RESPONDING PARTY:       Unopposed

Motion for Order Establishing Admissions and for Monetary Sanctions.

The court considered the moving papers filed in connection with this motion. 

The court considered the opposition papers filed on February 13, 2025 for the limited purpose of establishing whether responses to the subject Requests for Admission have been served before the hearing on this motion.  (Code Civ. Proc., § 2033.280, subd. (c).)

DISCUSSION

Plaintiff Manoucher Sarbaz (“Plaintiff”) moves the court for an order (1) deeming admitted the truth of the matters in the Requests for Admission, Set One served on defendant Shahram Elyaszadeh (“Defendant”), and (2) awarding monetary sanctions in favor of Plaintiff and against Defendant in the amount of $1,060.

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 the Requests for Admission, Set One, by email on June 3, 2024.  (Gilchrest Decl., Ex. B.)  Defendant did not serve timely responses to the Requests for Admission and had not served responses as of the date that Plaintiff filed this motion.  (Gilchrest Decl., ¶ 3.)  On February 13, 2024, Defendant submitted an opposition to this motion, in which Defendant submitted evidence showing that he served, on February 12, 2025, verified responses to the Requests for Admission that are the subject of this motion.  (Sugars Decl., Ex. 1.)

The court therefore denies Plaintiff’s motion to deem admitted the truth of the matters specified in Plaintiff’s Request for Admissions, Set One.  (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 $735 ((1.5 hours x $450 hourly rate) + $60 filing fee) is a reasonable amount of monetary sanctions to impose against Defendant in connection with this motion.  (Gilchrest Decl., ¶ 7.)

ORDER

            The court grants in part plaintiff Manoucher Sarbaz’s motion for order establishing admissions and for sanctions as follows.

            The court orders defendant Shahram Elyaszadeh to pay monetary sanctions to plaintiff Manoucher Sarbaz in the amount of $735 within 30 days of the date of this order.

            The court orders plaintiff Manoucher Sarbaz to give notice of this ruling.

IT IS SO ORDERED.

DATED:  February 14, 2025

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court