Judge Serena R. Murillo, Case 17STLC05332 2022-10-07 Tentative Ruling

Judge: Serena R. Murillo, Case: 17STLC05332, Date: 2022-10-07 Tentative Ruling

DEPARTMENT 29 - LAW AND MOTION RULINGS IMPORTANT (PLEASE SEND YOUR E-MAIL TO DEPT. 29 NOT DEPT. 2)

Communicating with the Court Staff re the Tentative Ruling 1. Please notify the courtroom staff by email not later than 9:30 a.m. on the day of the hearing if you wish to submit on the tentative ruling rather than argue the motion. The email address is SSCDEPT29@lacourt.org. Please do not use any other email address. 2. You must include the other parties on the email by "cc." 3. Include the word "SUBMISSION" in all caps in the Subject line and include your name, contact information, the case number, and the party you represent in the body of the email. If you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the motions. THE COURT WILL HEAR ARGUMENT UNLESS BOTH SIDES SUBMIT ON THE TENTATIVE. 4. Include the words "SUBMISSION BUT WILL APPEAR" if you submit, but one or both parties will nevertheless appear. 5. For other communications with Court Staff a. OFF-CALENDAR should appear in all caps in the Subject line where all parties have agreed to have a matter placed off-calendar. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) date of proceeding. b. CASE SETTLED should appear in all caps in the Subject line where all parties have agreed that the case has settled for all purposes. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) whether notice of settlement/dismissal documents have been filed; (c) if (b) has not been done, a date one year from the date of your email which will be a date set by the court for an OSC for dismissal of the case. c. STIPULATION should appear in all caps in the Subject line where all parties have stipulated that a matter before the court can be postponed. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) what proceeding is agreed to be postponed e.g. Trial, FSC; (c) the agreed-upon future date; (d) whether all parties waive notice if the Court informs all counsel/parties that the agreed-upon date is satisfactory. This communication should be used only for matters that are agreed to be postponed and not for orders shortening time. 6. PLEASE MAKE SURE THAT ALL COMMUNICATIONS WITH COURT STAFF DEAL ONLY WITH SCHEDULING AND ADMINISTRATIVE MATTERS AND DO NOT DISCUSS THE MERITS OF ANY CASE. (UPDATED 6/17/2020)

IMPORTANT: In light of the COVID-19 emergency, the Court encourages all parties to appear remotely. The capacity in the courtroom is extremely limited. The Court appreciates the cooperation of counsel and the litigants.

ALSO NOTE: If the moving party does not contact the court to submit on the tentative and does not appear (either remotely or in person), the motion will be taken off calendar. THE TENTATIVE RULING WILL NOT BE THE ORDER OF THE COURT.

Case Number: 17STLC05332 Hearing Date: October 7, 2022 Dept: 29

Mendota Insurance Company v. Alan Martinez

Motion to Deem Requests for Admissions Admitted and Request for Sanctions filed by Plaintiff Mendota Insurance Company

TENTATIVE

Plaintiff Mendota Insurance Company’s motions to have matters in requests for admissions deemed admitted are GRANTED. Plaintiff is entitled to an order establishing the truth of the matters in the request for admissions, set one, served on Defendants Elisa Gonzalez and Alan Martinez. Defendants Elisa Gonzalez and Alan Martinez are ordered to pay Plaintiff sanctions in the amount of $570 within 30 days of this order.

Legal Standard

“If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply: (b) The requesting 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…. The Court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied: (1) The party has subsequently served a response that is in substantial compliance with Sections 2033.210, 2033.220, and 2033.230. (2) the party’s failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect…. (c) The court shall make this order, 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.

Sanctions

Sanctions are mandatory in connection with a motion to deem matters specified in a request for admissions as true. (Code Civ. Proc. Section 2033.280(c).)

Under CCP section 2023.030(a), “[t]he court may impose a monetary sanction ordering that one engaging in the misuse of the discovery process, or any attorney advising that conduct, or both pay the reasonable expenses, including attorney’s fees, incurred by anyone as a result of that conduct. . . . If a monetary sanction is authorized by any provision of this title, the court shall impose that sanction unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” Failing to respond or to submit to an authorized method of discovery is a misuse of the discovery process. (Code Civ. Proc. § 2023.010.)

Discussion

On February 5, 2019, Plaintiff served its Request for Admissions on Defendants. (Tapper Decl., Ex. A). Responses were due on March 12, 2019. On November 16, 2020, Plaintiff sent Defendants a meet and confer letter, inquiring about the discovery request. (Id., Exh. B.) As of the filing of this motion, Defendants have not responded to Plaintiff’s request for discovery.

As Plaintiff properly served the discovery request and Defendants failed to provide any responses, the Court finds Plaintiff is entitled to an order establishing the truth of the matters in the request for admissions served on Defendants. Therefore, the motions are granted.

As the motion are granted, Plaintiff’s request for sanctions is also granted, but in a reduced amount due to the simplicity of the motions. The Court therefore imposes sanctions in the amount of $570 ($225 per hour x 2 hours, plus $120 in filing fees) in favor of Plaintiffs and against Defendants.

Conclusion

Accordingly, Plaintiff’s motion to have matters in requests for admissions deemed admitted is GRANTED. Plaintiff is entitled to an order establishing the truth of the matters in the request for admissions, set one, served on Defendants Elisa Gonzalez and Alan Martinez. Defendants Elisa Gonzalez and Alan Martinez are ordered to pay Plaintiff sanctions in the amount of $570 within 30 days of this order.

Moving party is ordered to give notice.