Judge: Serena R. Murillo, Case: 22STCV13868, Date: 2023-03-17 Tentative Ruling

Case Number: 22STCV13868    Hearing Date: March 17, 2023    Dept: 29

TENTATIVE

Defendant Resource Environmental, Inc.’s unopposed motion to have matters in requests for admissions deemed admitted is GRANTED. The Court orders the matters in the request for admissions, set one, served on Plaintiff Cesar Galarza be deemed as true. Defendant’s request for sanctions is GRANTED. Plaintiff Cesar Galarza is ordered to pay $390 in monetary sanctions to Defendant 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.

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 September 9, 2022, Defendant served Request for Admissions, Set One, on Plaintiff. (Hopkins Decl., ¶ 2, Exh. 1.) Plaintiff’s counsel contacted defense counsel and represented that he was unable to provide timely responses to the discovery because he had been unable to reach Plaintiff, Plaintiff had not responded to any of his attempts to contact him, Plaintiff’s counsel stated his intent to file a motion to withdraw as counsel. (Hopkins Decl., ¶ 5, Ex. 4.) As of the date of this motion, Plaintiff has failed to provide responses. (Id., ¶ 5.)

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

              Sanctions

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. Section 2033.280(c).) 

As the motion is granted, Defendant’s request for sanctions pursuant to Code of Civil Procedure Section 2033.280(c) is also granted, as sanctions are mandatory in connection with a motion to deem matters admitted. However, the Court will award sanctions in a reduced amount due to the simplicity of the motion. Thus, the Court imposes sanctions against Plaintiff in the amount of $390 ($195 per hour x 2 hours), to be paid within 30 days of this order.

Conclusion

Accordingly, Defendant Resource Environmental, Inc.’s motion to have matters in requests for admissions deemed admitted is GRANTED. The Court orders the matters in the request for admissions, set one, served on Plaintiff Cesar Galarza be deemed as true. Defendant’s request for sanctions is GRANTED. Plaintiff Cesar Galarza is ordered to pay $390 in monetary sanctions to Defendant within 30 days of this order.

Moving party is ordered to give notice.