Judge: Steven A. Ellis, Case: 22STCV22613, Date: 2023-12-20 Tentative Ruling

Case Number: 22STCV22613    Hearing Date: December 20, 2023    Dept: 29

Tentative

The motion for a deemed admitted order is GRANTED.

The motion for sanctions is GRANTED in part.

Background

On July 12, 2022, David Peralta ("Plaintiff") filed suit against Dhannoon K. Zahrah (“Defendant”) and DOES 1 through 20, based on a motor vehicle accident occurring on July 14, 2020, alleging the cause of action for Motor Vehicle Negligence.

On July 19, 2023, Defendant served Plaintiff with Requests for Admission (Set One), along with Interrogatories, Requests for Production. Defendant has not received a response to the Requests for Admissions.

On November 21, 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 July 19, 2023, Defendant served Plaintiff with Requests for Admission (Set One), along with Interrogatories, Requests for Production. (Morales Decl., ¶7.) Defendant sent a letter to Plaintiff on August 25, 2023, regarding the lack of responses. (Id., ¶8.) Defendant has not received a response to the Requests for Admissions. (Id., ¶9.) Defendant contends that notice was sent to Plaintiff as his counsel was relieved on June 2, 2023. (Id., ¶ 6.)

Service on Plaintiff was incorrect, as it was initially sent to his previous attorneys. However, Defendant did subsequently file a correct Proof of Service to Plaintiff.

Defendant need show nothing more. Defendant served Plaintiff with the Requests for Admission has not received responses.

Therefore, the Court GRANTS Defendant’s motion, Request for Admission no. 1 through 12 served on Plaintiff are deemed admitted.

As for sanctions, Defendant requests sanctions of $690.00 based on the $60.00 filing fee and three hours at the hourly rate of $210.00 for attorney work preparing, filing and presenting this motion. (Id., ¶ 10.) Given the relatively straightforward nature of an unopposed motion of this nature, the Court finds that two hours of attorney time is reasonable. 

Therefore, the Court GRANTS sanctions of $480.00 be paid by Plaintiff.

Conclusion

Therefore, the Court GRANTS Defendant’s motion.

The Court DEEMS ADMITTED the truth of the matters specified in Defendant’s Requests for Admissions (Set One), served on or about July 19, 2023.

Defendant’s request for sanctions is GRANTED in part.  The Court ORDERS Plaintiff to pay monetary sanctions to Defendant under the Civil Discovery Act in the total amount of $480.00 within 30 days of notice of this order.

Moving party to give notice.