Judge Sarah J. Heidel, Case Number: 23BBCV01974, Date: 2024-07-03 Tentative Ruling

Judge: Sarah J. Heidel, Case: 23BBCV01974, Date: 2024-07-03 Tentative Ruling

Case Number: 23BBCV01974 Hearing Date: July 3, 2024 Dept: V

SUPERIOR COURT OF CALIFORNIA

COUNTY OF LOS ANGELES – NORTHEAST DISTRICT

DEPARTMENT V

MARINE AMIRKHANYAN,

Plaintiff,

vs.

EDEN MALUL, an individual, TRIG BUILDERS, INC., a California Corporation, and DOES 1 through 25, inclusive,

Defendants.

Case No.: 23BBCV01974

Hearing Date: July 3, 2024

Time: 9:00 a.m.

[TENTATIVE] ORDER RE: MOTION TO DEEM ADMITTED PLAINTIFF’S REQUESTS FOR ADMISSION, SET ONE; REQUEST FOR MONETARY SANCTIONS IN AMOUNT OF $811.65 AGAINST DEFENDANT, TRIG BUILDERS, INC. AND HIS ATTORNEY OF RECORD, ANGELINA R. LANE, ESQ.

MOVING PARTIES: Plaintiff MARINE AMIRKHANYAN

RESPONDING PARTY: Unopposed

The court considered the moving papers.

BACKGROUND

This action arises out of a motor vehicle accident. Plaintiff Marine Amirkhanyan alleges that defendants Eden Malul and Trig Builder, Inc. were the owners and/or operators of the 2018 Toyota Tundra vehicle that was involved in the incident that is the subject of this lawsuit. Plaintiff alleges that on March 2, 2023, plaintiff was the driver of a 2015 BMW 328i traveling eastbound on Erwin Street approaching the intersection of Whitsett Avenue in the City of Los Angeles. Plaintiff alleges defendant Eden Malul was driving southbound on Whitsett Avenue approaching Ewin Street, at the same time. Plaintiff alleges that as she accelerated from a full stop at the flashing red traffic lights at the intersection, the vehicle driven by defendant Eden Malul failed to stop for the traffic signals, entered the intersection at a high speed, and caused a collision with the front driver’s side of plaintiff’s vehicle.

Plaintiff filed the complaint against defendants on August 28, 2023, alleging negligence. Plaintiff alleges that as a result of defendant Malul’s failure to obey a traffic control device, his failure to yield the right of way, his high speed, and his failure to pay attention to the roadway, plaintiff suffered injuries and damages.

Plaintiff filed the instant motion on April 27, 2024. No opposition has been filed.

LEGAL STANDARD

Pursuant to Code of Civil Procedure section 2033.280, subdivision (b), a “party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction under Chapter 7 (commencing with section 2023.010).” The court “shall” grant the motion to deem requests for admission admitted “unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220.” (Code Civ. Proc. § 2033.280(c).)

DISCUSSION

A. Request for Admission

Plaintiff served Plaintiff’s Requests for Admission, Set One on defendant Trig Builders, Inc. (defendant) on September 26, 2023, by email. (Decl. of Narek Vardanyan, Esq. ¶ 2; Exh. A.) Defendant’s response was due on October 30, 2023. The parties agreed upon an extension for discovery responses first until January 5, 2024, then until January 12, 2024, and finally until February 29, 2024. (Decl. of Narek Vardanyan, Esq. Exh. B.) To date, Defendant has not provided a response.

The court finds that plaintiff properly served the requests for admissions and defendant failed to serve verified responses. Because defendant failed to respond, the court finds plaintiff is entitled to an order deeming the truth of matters admitted in plaintiff’s Requests for Admissions, Set One.

B. Sanctions

Plaintiff requests the court award monetary sanctions against defendant. “It is mandatory that the court impose a monetary sanction . . . on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.” (Code Civ. Proc., § 2033.280(c).) The court finds that because defendant has failed to serve a timely response to requests for admission and thus necessitated the instant motion, plaintiff is entitled to monetary sanctions pursuant to Code of Civil Procedure section 2033.280(c). The court finds that the requested $811.65 is unreasonable given there is no opposition to the motion. Accordingly, the court awards sanctions in the amount of $561.65 (2 hours at $250/hour plus $61.65 in filing fees) against defendant Trig Builders, Inc. and its attorney of record, Angelina R. Lane, Esq.

Based on the foregoing, the court GRANTS the motion and deems the matters within plaintiffs’ Requests for Admissions, Set One as true against defendant Trig Builders, Inc.

The court awards sanctions against Defendant and its counsel of record, Angelina R. Lane, Esq., in the amount of $561.65.