Judge Stephen Morgan, Case Number: 21AVCV00425, Date: 2023-11-07 Tentative Ruling

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This is a personal injury action. Plaintiff Western General Insurance Company (“Plaintiff”) alleges that on or about July 05, 2019, Defendants Fabiola Sant Maria (“Fabiola”)[1] and Marcela Santa Maria (“Marcela”) negligently and carelessly drove, maintained, owned, managed, entrusted and operated their vehicle so as to cause it to collide the vehicle driven by Plaintiff’s insured individuals, Juan Ramos Preciado and Marisela S Preciado, at or about the intersection E. Palmdale Avenue and 30th Street East in Palmdale, California 93550. Plaintiff further alleges damages in the following amounts: (1) $4,339.68 in property damage, and $30,000.00 in damages to Juan Ramos Preciado and Marisela S Preciado’s persons.

On May 25, 2021, Plaintiff filed its Complaint for Property Damages and Uninsured Motorist Bodily Injury.

On June 09, 2022, the Court held a hearing on Plaintiff’s Motion to Deem Requests for Admissions (“RFAs”) Admitted as to Fabiola. The Court granted the motion.

On January 18, 2023, Plaintiff amended the fictitious name of Doe 1 to Michael Bacelis.

On May 10, 2023, Plaintiff amended the incorrect name of Michael Bacelis to Michael Angelo Bacelis, Jr. (“Bacelis, Jr.”).

On September 11, 2023, Plaintiff filed this Motion to Deem Requests for Admissions Served Upon Michael Angelo Bacelis, Jr. Admitted (“Motion to Deem RFAs Admitted”).

No Opposition has been filed. “All papers opposing a motion so noticed shall be filed with the court and a copy served on each party at least nine court days. . .before the hearing.” (Cal. Code Civ. Proc. § 1005(b).) “Section 1013, which extends the time within which a right may be exercised or an act may be done, does not apply to a notice of motion, papers opposing a motion, or reply papers governed by this section.” (Ibid.) The hearing is set for November 07, 2023. Accordingly, an Opposition was due by October 25, 2023. Should an Opposition be filed, it is now untimely.

Standard for Deeming Admissions Admitted – Where there has been no timely response to a request for admission under Cal. Code Civ. Proc. § 2033.010, the propounding 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. (Cal. Code Civ. Proc. § 2033.280(b).) Cal. Code Civ. Proc. § 2033.280(c) states, in relevant part: “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.” (Cal. Code Civ. Proc. § 2033.280(c).)

Application – Plaintiff presents that it served Bacelis, Jr. with its RFAs, Set One, on June 26, 2023. (See Motion, Decl. Joseph M. Pleasant ¶ 2, Exh. A.) Plaintiff further presents that, to date, no responses have been served. (Motion, Decl. Joseph M. Pleasant ¶ 2.) Plaintiff argues that all matters specified in Plaintiff’s RFAs, Set One, should be deemed admitted under Cal. Code Civ. Proc. § 2033.280 as Bacelis, Jr. has failed to respond. Plaintiff argues, alternatively, should Bacelis, Jr. serve a response that is in compliance with Cal. Code Civ. Proc. §§2033.210-2033.250, sanctions should still be imposed under Cal. Code Civ. Proc. § 2033.280.

Bacelis, Jr. does not oppose this motion. A failure to oppose a motion may be construed as a concession on the merits. (See D.I. Chadbourne, Inc. v. Superior Court (1964) 60 Cal.2d 723, 728, fn. 4 [where nonmoving party fails to oppose a ground for a motion “it is assumed that [nonmoving party] concedes” that ground].)

Plaintiff requests monetary sanctions against Bacelis, Jr. in the amount of $660.00 [2 hrs @ $300.00/hr + $60.00 filing fee] for this motion.

“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. It is mandatory that the court impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.” (Cal. Code Civ. Proc. § 2033.280(c).)

The Court imposes a sanction of $250.00 pursuant to Cal. Code Civ. Proc. § 2033.280.

Plaintiff Western General Insurance Company’s Motion to Deem Requests for Admissions Served Upon Michael Angelo Bacelis, Jr. Admitted is GRANTED.

[1] Defendants Fabiola Santa Maria and Marcela Santa Maria share the same surname. The Court addresses each individually by their first name for the purpose of clarity. No disrespect is meant.