Judge: Steven A. Ellis, Case: 21STCV17658, Date: 2023-08-07 Tentative Ruling

Case Number: 21STCV17658    Hearing Date: December 20, 2023    Dept: 29

Tentative

The motion for deemed admitted order is GRANTED.

The request for sanctions is GRANTED.

Background

On May 11, 2021, Emmanuel Anyaogu ("Plaintiff") filed suit against Mildred Johana Fuentes (“Defendant”) and DOES 1 through 10, based on a motor vehicle accident occurring on May 14, 2019, alleging the cause of action for Motor Vehicle Negligence.

On May 11, 2022, Defendant served Plaintiff with Requests for Admission (Set One). Defendant has not received a response to the Requests for Admissions.

On May 26, 2023, Defendant filed this motion for Requests for Admissions be Deemed Admitted and Sanctions. No opposition has been filed.

Legal Standard

Where there has been no timely response to requests for admissions, a “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, as well as for a monetary sanction under Chapter 7 (commencing with section 2023.010).”  The court “shall” grant the motion to deem requests for admission admitted “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.”  (Code Civ. Proc., § 2033.280(c).) 

 Discussion

On May 11, 2022, Defendant served Plaintiff with Requests for Admission (Set One). (Garibyan Decl., ¶ 3.) Defendant sent a letter to Plaintiff on June 30, 2022, and April 13, 2023 regarding the Requests for Admissions. (Id., ¶ 4.) Defendant has not received a response to the Requests for Admissions. (Id., ¶ 5.)

Defendant need show nothing more. She served Plaintiff with the Requests for Admission has not received responses in over a year.

Therefore, the Court GRANTS Defendant’s motion, Request for Admission no. 1 served on Plaintiff is deemed admitted.

As for sanctions, Defendant requests sanctions of $461.65 based on the $61.65 filing fee and two hours at the hourly rate of $200.00 for attorney work preparing, filing and presenting this motion. The Court finds these reasonable.

Therefore, the Court GRANTS sanctions of $461.65 be paid by Plaintiff and Plaintiff’s counsel

Conclusion

Therefore, the Court GRANTS Defendant’s motion.  The Court ORDERS that the matters specified in Defendant’s Requests for Admission (Set One), served on or about May 11, 2022, are DEEMED ADMITTED.

Defendant’s requests for sanctions are GRANTED.  The Court ORDERS Plaintiff and Plaintiff’s counsel Chijioke O. Ikonte, jointly and severally, to pay monetary sanctions to Defendant under the Civil Discovery Act in the total amount of $461.65 within 30 days of notice of this order.

Moving party to give notice.