Judge: Serena R. Murillo, Case: 19STCV30854, Date: 2022-12-13 Tentative Ruling

Case Number: 19STCV30854    Hearing Date: December 13, 2022    Dept: 29

TENTATIVE

19STCV30854 Emily Alison, et al. v. Ady Transport, et al.

The Motions to Deem Requests for Admissions filed by Plaintiffs Emily Alison, Daniel DiNicola, and Brandon Felton are GRANTED. Plaintiffs’ requests for monetary sanctions are GRANTED in the combined and reduced amount of $780, inclusive of filing fees.

Background

               This action arises out of a motor vehicle accident that occurred on August 30, 2017 in Los Angeles, California. 

               On August 28, 2021, Plaintiffs Emily Alison, Daniel DiNicola, and Brandon Felton (collectively, “Plaintiffs”) filed a complaint against Defendants Ady Transport, Alexander Dominguez-Estrada, and Does 1 through 100 for the following causes of action: (1) motor vehicle negligence; and (2) general negligence.

               On May 27, 2022, Plaintiffs each separately filed motions to deem requests for admissions admitted against Defendant Alexander Dominguez Estrada (“Estrada”). Each motion seeks sanctions in the amount of $1,100 against Estrada. No opposition has been filed.

Legal Standard

               Under Code of Civil Procedure § 2033.280(c), the court shall make the order deeming the truth of the matters admitted unless the responding party serves before the hearing a proposed response to the requests for admission that is in substantial compliance with Code of Civil Procedure § 2033.220. Code of Civil Procedure § 2033.220 requires that each answer either admits, denies or specifies that the responding party lacks sufficient information or knowledge. The moving party is not required to meet and confer before bringing this action. (Demyer v. Costa Mesa Mobile Home Estates (1995) 36 Cal.App.4th 393, 395.)

Discussion

I.                 Merits

               Here, on March 8, 2022, Plaintiffs each served Estrada with a Request for Admission, Set One, via mail. (Motions at pg. 3; Grigoryan Decls. ¶ 2 Exh. 1.) As a result, responses were due on April 12, 2022, but Estrada failed to respond to these requests. (Grigoryan Decls. ¶ 3.) Considering no opposition has been filed to show that responses were ever served on the Plaintiffs, the Court should find that relief is warranted under Code of Civil Procedure § 2033.280(a).

               Accordingly, the Court grants Plaintiffs’ motions to deem request for admissions admitted.

II.               Sanctions

               In each motion, Plaintiffs seek monetary sanctions against Estrada in the amount of $1,100. (Motions at pp. 5-6; Grigoryan Decls. ¶¶ 5-7.)             

               Pursuant to Code of Civil Procedure § 2033.280(c), it is mandatory that the Court impose a monetary sanction on the party or attorney, or both for the failure to serve a timely response to requests for admission which necessitated the motion.

               Here, Plaintiffs’ counsel contends spending two hours on each motion, anticipates spending half-an-hour to reply for each opposition, and anticipates spending one hour to appear for each motion. (See Grigoryan Decls. ¶¶ 5-7.) While sanctions are mandatory in this instance pursuant to Code of Civil Procedure § 2033.280(c), the Court finds the amounts requested in monetary sanctions are excessive. First, all three motions are generally identical and concern a straightforward discovery issue. Thus, it is questionable that Plaintiffs’ counsel spent two hours for each motion. Second, no opposition has been filed. And third, appearances will likely be conducted remotely, and it is unfathomable that Plaintiffs’ counsel would spend three hours at this hearing. Therefore, monetary sanctions are reduced in the combined amount of $780, inclusive of filing fees.

               Accordingly, the Court grants Plaintiffs’ request for monetary sanctions in the combined and reduced amount of $780, inclusive of filing fees, against Estrada.

Conclusion

               The Court GRANTS Plaintiffs’ motions to deem requests for admissions admitted. Also, the Court GRANTS Plaintiffs’ requests for monetary sanctions in the combined and reduced amount of $780, inclusive of filing fees, against Estrada.

               The requests for admission are DEEMED Admitted.

               Estrada shall tender payment of the monetary sanctions to Plaintiffs’ counsel within 30 days of receive of this Order.

Moving parties are ordered to give notice.