Judge: Steven A. Ellis, Case: 21STCV23323, Date: 2023-08-14 Tentative Ruling
Case Number: 21STCV23323 Hearing Date: March 6, 2024 Dept: 29
Motion to Deem Admitted the Truth of the Matters Specified
in Requests for Admission (Set One) filed by Defendant Byung Woo Kang, aka
David Woo Kang, dba Sunset Plaza Liquors.
Tentative
The Court GRANTS Defendant’s
Motion to Deem Admitted the Truth of the Matters Specified in Defendant’s Requests
for Admission (Set One).
The Court GRANTS in
part Defendant’s request for sanctions.
Background
This case arises
from an alleged battery that occurred on July 1, 2019. Plaintiff Kali Jamal Townsend (“Plaintiff”)
filed this action on June 23, 2021, asserting a battery cause of action against
Defendant Byung Woo Kang, individually and dba Sunset Plaza Liquors
(“Defendant”), and Does 1 through 10. Defendant filed an Answer on May 1, 2023.
On May 4, 2023, Plaintiff filed a substitution of attorney
form. Plaintiff’s former counsel substituted out of the case, and
Plaintiff is now self-represented.
On July 25, 2023, Defendant served Plaintiff with Requests for
Admission (Set One). (Cohen Decl., ¶ 9 & Exh.
1.) Plaintiff was served by mail at the address stated on the
substitution of attorney form. (Id., Exh.
1.) Plaintiff did not respond to the discovery. (Id.,
¶ 11.)
On February 8, 2024, Defendant filed this Motion to Deem Admitted
the Truth of the Matters Specified in Requests for Admission (Set One). Defendant
also seeks monetary sanctions. Plaintiff
was served by mail at the address stated on the substitution of attorney form.
No opposition has been filed.
Legal Standard
A party must
respond to requests for admission within 30 days after service. (Code Civ.
Proc., § 2033.250, subd.(a).) If a party to whom requests for admission are directed
does not provide a timely response, the propounding party may move for an order
that the truth of the matters specified in the requests be deemed admitted. (Id.,
§ 2033.280, subd. (b).) There is no time limit for such a motion, and no meet
and confer efforts are required. (See id., § 2033.280; Sinaiko
Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148
Cal.App.4th 390, 411.) Nor must a separate statement be filed. (Cal. Rules of
Court, rule 3.1345(b)(1).) In addition,
a party who fails to provide a timely response generally waives all
objections. (Code Civ. Proc., § 2033.280,
subd. (a).)
The court “shall”
make the order that the truth of the matters specified in the request be deemed
admitted unless the court “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.” (Id.,
§ 2033.280, subd. (c); see St. Mary v. Super. Ct. (2014) 223
Cal.App.4th 762, 778-780.)
“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 [to deem
admitted the matters contained in the requests for admission].” (Code Civ. Proc., § 2033.280, subd.
(c).)
In Chapter 7 of the Civil Discovery Act, Code of Civil
Procedure section 2023.010, subdivision (d), defines “[m]isuses of the
discovery process” to include “[f]ailing to respond to or to submit to an
authorized method of discovery.” Where a
party or attorney has engaged in misuse of the discovery process, the court may
impose a monetary sanction in the amount of “the reasonable expenses, including
attorney’s fees, incurred by anyone as a result of that conduct.” (Code Civ. Proc., § 2023.030, subd.
(a).)
Discussion
Defendant served Plaintiff with Requests for Admission (Set One) on
July 25, 2023. (Cohen Decl., ¶ 9 & Exh. 1.) Plaintiff
did not respond. (Id., ¶ 11.)
Plaintiff
has not opposed the motion.
Defendant
need not show anything more. The motion
for a deemed admitted order is granted.
Sanctions
are mandatory under the Civil Discovery Act.
(Code Civ. Proc., § 2033.280,
subd. (c).) The Court sets sanctions in
the amount of $510, calculated based on 1 hour of attorney work multiplied by a
reasonable rate of $450 per hour for work on a motion as straightforward as
this one, plus the $60 filing fee. (See
Cohen Decl., ¶ 13.)
Conclusion
The Court GRANTS Defendant’s
Motion to Deem Admitted the Truth of the Matters Specified in Defendant’s Requests
for Admission (Set One).
The Court ORDERS that Plaintiff is deemed to have
admitted the truth of all matters specified in Defendant’s Requests for Admission
(Set One).
The Court GRANTS in
part Defendant’s request for sanctions.
The Court ORDRES Plaintiff
to pay monetary sanctions under the Civil Discovery Act to Defendant in the
amount of $510 within 30 days of notice.
Moving party is
ORDERED to give notice.