Judge: Sarah J. Heidel, Case: 23GDCV02470, Date: 2024-08-14 Tentative Ruling

Case Number: 23GDCV02470    Hearing Date: August 14, 2024    Dept: V

NANCY LIM, Plaintiff, vs. FORD MOTOR COMPANY; and DOES 1 through 50, inclusive, Defendants. Case No.: 23GDCV02470 Hearing Date: August 14, 2024 Time: 9:00 a.m. [TENTATIVE] ORDER RE: MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED AND REQUEST FOR SANCTIONS IN THE AMOUNT OF $1, 040.00

MOVING PARTIES: Defendant FORD MOTOR COMPANY

RESPONDING PARTY: Unopposed

The court considered the moving papers.

BACKGROUND

Plaintiff Nancy Lim filed the complaint on November 20, 2023, against defendant Ford Motor Company. Plaintiff alleges the following causes of action: (1) failure to affirmatively repurchase under the act and (2) failure to sell vehicle that would not pass without objection and was not properly packaged.

Plaintiff alleges she purchased a 2021 Ford Bronco (subject vehicle) for personal, family, and/or household purposes from an authorized dealer and agent of the warrantor. Plaintiff alleges the subject vehicle exhibited the following nonconformities: oil leak, tire pressure issue, noise in vehicle, and malfunctioning child safety lock. Plaintiff alleges that after defendants were unable to service or repair the subject vehicle after a reasonable number of attempts, defendants failed to

affirmatively replace the subject vehicle or make restitution to plaintiff in accordance to the Act. Plaintiff also alleges that at the time defendants sold plaintiff the subject vehicle, it was not merchantable and as a result, plaintiff has sustained damages.

Defendant filed the instant motion on April 4, 2024. No opposition has been received.

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

Defendant propounded its Request for Admissions, Set One to plaintiff on February 23, 2024, by email. (Decl. of Colin P. Cornin, ¶ 2; Exh. A.) Plaintiff’s response was due by March 26, 2024. Plaintiff has not provided a response, nor has she requested an extension to respond. (Decl. of Colin P. Cornin, ¶ 5.) The court finds that defendant properly served the requests for admission and plaintiff failed to serve verified responses. Because plaintiff failed to respond, the court finds defendant is entitled to an order deeming the truth of matters admitted in defendant’s Request for Admissions, Set One.

B. Sanctions

Defendant requests the court award monetary sanctions against plaintiff. “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 plaintiff has failed to serve a timely response to requests for admission and thus necessitated the instant motion, defendant is entitled to monetary sanctions pursuant to Code of Civil Procedure section 2033.280(c). The court finds that the requested $1,040.00 is unreasonable given there is no opposition to the motion. Accordingly, the court awards sanctions in the amount of $520.00 (2 hours at $260/hour) against plaintiff Nancy Lim and her attorney of record, Jim O. Whitworth, jointly and severally.

Based on the foregoing, the court GRANTS the motion and deems the matters within defendant’s Requests for Admission, Set One as true against plaintiff Nancy Lim.

The court awards sanctions against plaintiff and her counsel of record, Jim O. Whitworth, jointly and severally, in the amount of $520.00, payable to defendant within 20 days of this order.

Defendant is ordered to give notice of this ruling.

IT IS SO ORDERED.

DATED: August 14, 2024

_____________________________

Sarah J. Heidel

Judge of the Superior Cour