Judge: Salvatore Sirna, Case: 19PSCV00318, Date: 2022-10-10 Tentative Ruling

Case Number: 19PSCV00318    Hearing Date: October 10, 2022    Dept: A

Plaintiff Accu-Blend Corporation’s MOTION TO DEEM REQUESTS FOR ADMISSIONS AS ADMITTED

Respondent: NO OPPOSITION (Defendants Henry James Shishido, Alona Lynn Shishido, Robert Fuentes, Desirae Fuentes, and Athena Marie Soto)

I.                   TENTATIVE RULING

Plaintiff Accu-Blend Corporation’s motion to deem requests for admissions as admitted is GRANTED.

II.                BACKGROUND

The First Amended Complaint, filed August 12, 2019, alleges causes of action for:

1.      Fraud

2.      Conversion

3.      Intentional interference with contract

4.      Unfair business practices under Business & Professions Code § 17200

5.      Conspiracy

6.      Breach of fiduciary duty   

7.      Violations of Business & Professions Code § 17044

8.      Constructive trust

9.      Injunctive relief

Hearing on motion set for October 10, 2022. FSC set for January 6, 2023. Trial set for January 13, 2023.

III.             ANALYSIS

Plaintiff Accu-Blend Corporation’s motion to deem requests for admissions as admitted is GRANTED.

Plaintiff Accu-Blend Corporation moves the court for an order deeming the Defendants Henry James Shishido, Alona Lynn Shishido, Robert Fuentes, Desirae Fuentes, and Athena Marie Soto admitted to Plaintiff’s requests for admissions.

Code of Civil Procedure section 2033.280, subdivisions (b) and (c) allow the requesting party to file a motion requesting that the truth of any matters specified in the request for admissions be deemed admitted unless the party to whom the requests have been directed has served a response that is in substantial compliance before the hearing.

On April 10, 2020, Plaintiff served its Requests for Admissions, Set One on Defendants. (Ex. A; O’Connell Decl., ¶ 3-4) Responses were due on May 15, 2020, pursuant to Code of Civil Procedure section 2030.260 and section 1013, subdivision (a).  Defendants failed to provide timely responses.  On September 2, 2020, Plaintiff sent meet-and-confer letters to the Defendants, requesting responses by September 15, 2020. (Ex. B; O’Connell Decl., ¶ 7)

To date, Defendants have not served Plaintiff with responses to the Requests for Admissions.  (O’Connell Decl., ¶ 11) Further, the court is not in receipt of any opposition from the Defendants.

Monetary sanctions are justified pursuant to Code of Civil Procedure section 2033.280 since Defendants caused Plaintiff to incur attorney’s fees and costs as a result of Defendants’ failure to respond timely to Plaintiff’s requests for admissions. Plaintiff requests sanctions in the amount of $639.15 against Defendants, $577.50 in attorney’s fees for 3.5 hours at $165 an hour, plus $61.65 in court filing costs. (O’Connell Decl., ¶ 12-18) 

The motion is GRANTED.  Plaintiff is awarded sanctions in the amount of $639.15, payable in 30 days.