Judge Steven A. Ellis, Case Number: 21STCV29420, Date: 2023-10-18 Tentative Ruling

Judge: Steven A. Ellis, Case: 21STCV29420, Date: 2023-10-18 Tentative Ruling

Case Number: 21STCV29420 Hearing Date: October 18, 2023 Dept: 29

Tentative

Defendant’s motion is granted. Defendant’s request for sanctions is granted in part.

Background

This is a personal injury action commenced by Plaintiff Gloria Saldana (“Plaintiff”) against Defendants SSA Marine, Inc., SSA Pacific, the City of Long Beach, and Does 1 through 50 for an alleged motor vehicle and general negligence claim arising out of an alleged injury at a marine container terminal in the Port of Long Beach occurring on August 4, 2020. (Compl., p. 4.)

Plaintiff filed her Complaint on August 10, 2021. On November 23, 2021, Plaintiff amended her Complaint to name SSA Terminals (Pier A), LLC (“Defendant”) as Doe 1. Defendant filed an answer on December 22, 2021.

On March 24, 2023, Defendant served Plaintiff with Requests for Admission (Set No. 1), along with accompanying Form Interrogatories (Set No. 1). (Berry Decl., ¶ 3; Exhibits 1 and 2.) The responses were due on or before April 28, 2023.

Plaintiff did not respond to the discovery. (Berry Decl., ¶ 3.)

Defendant filed the instant motion on August 25, 2023.

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).)

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 moves for an order deeming admitted the truth of the matters specified in Defendant’s Requests for Admission (Set No. 1).

On March 24, 2023, Defendant served Plaintiff with Requests for Admission (Set No. 1). (Berry Decl., ¶ 3 & Exh. 1.) Plaintiff did not respond. (Berry Decl., ¶ 3.)

Defendant need show no more. Under Code of Civil Procedure section 2033.280, the Court ORDERS that Plaintiff is deemed to have admitted the truth of the matters specified in Defendant’s Requests for Admission (Set No. 1).

The Court also GRANTS Defendant’s requests for sanctions and awards monetary sanctions in the amount of $870, calculated as three hours of attorney work multiplied by counsel’s billing rate of $290 per hour.

Conclusion

The Court GRANTS Defendant’s motion.

The Court ORDERS that the matters specified in Defendant’s Requests for Admission (Set No. 1) are deemed admitted by Plaintiff.

The Court GRANTS Defendant’s requests for sanctions.

The Court ORDERS Plaintiff to pay monetary sanctions to Defendant in the amount of $870 within 30 days of notice of this order.

Moving party to give notice.