Judge Serena R. Murillo, Case 21STCV27810 2022-12-12 Tentative Ruling

Judge: Serena R. Murillo, Case: 21STCV27810, Date: 2022-12-12 Tentative Ruling

Case Number: 21STCV27810 Hearing Date: December 12, 2022 Dept: 29

TENTATIVE

Plaintiff Jordyn A. Murray Diaz’s motions to have matters in requests for admissions deemed admitted (set two and set three) are GRANTED. Plaintiff is entitled to an order establishing the truth of the matters in the request for admissions, set two and set three, served on Defendant Patricia Cecilia Pina. Plaintiff’s request for sanctions is GRANTED. The Court imposes monetary sanctions in the amount of $616.75 against Defendant Patricia Cecilia Pina and counsel of record Christiana Shelley Carter, Esq., jointly and severally, to be paid 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 March 14, 2022, Plaintiff propounded Request for Admissions, Set Two, on Defendant Patricia Cecilia Pina. (Choo Decl., ¶ 4; Exh. 1.) Responses were due on April 13, 2022. To date, Defendant has failed to provide any responses to Plaintiff’s Request for Admissions, Set Two. Plaintiff inquired about the outstanding discovery, but no response was received. (Id., ¶ 6; Exh. 2.)

Additionally, on July 28, 2022, Plaintiff propounded the third set of Request for Admissions on Defendant Pina. (Id., Exh. 1.) Defendant failed to provide verified responses to Plaintiff’s Third Set of Requests for Admissions by August 29, 2022, which is 30 days of service. To date, Defendant has not been responsive and has not served Plaintiff with their responses to Plaintiff’s Request for Admissions, Set Three.

As Plaintiff properly served the discovery requests and Defendant 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 Defendant. Therefore, the motions are granted.

As the motions are granted, Plaintiff’s request for sanctions is also granted, but in a reduced amount due to the simplicity of the motion. Thus, the Court imposes sanctions against Defendant and counsel of record Christiana Shelley Carter, Esq., jointly and severally, in the amount of $616.75 ($275 an hour for 2 hours, plus $66.75 in filing fees.)

Conclusion

Accordingly, Plaintiff’s motions to have matters in requests for admissions deemed admitted (Set Two and Set Three) are GRANTED. Plaintiff is entitled to an order establishing the truth of the matters in the request for admissions, set two and set three, served on Defendant Patricia Cecilia Pina. Plaintiff’s request for sanctions is GRANTED. The Court imposes monetary sanctions in the amount of $616.75 against Defendant Patricia Cecilia Pina and counsel of record Christiana Shelley Carter, Esq., jointly and severally, to be paid within 30 days of this order.

Moving party is ordered to give notice.