Judge: Steven A. Ellis, Case: 22STCV30580, Date: 2025-06-03 Tentative Ruling

Case Number: 22STCV30580    Hearing Date: June 3, 2025    Dept: 29

State Farm Mutual Automobile Insurance Company v. Randall
22STCV30580
Motion for Order Deeming Defendant to Have Admitted the Truth of the Matters Specified in Requests for Admission (Set One)

Tentative

The motion is granted.

Background

On December 15, 2023, State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed a complaint against Jayvon Randall (“Defendant”) and Does 1 through 10 for negligence arising out of an automobile accident on February 7, 2023, near E. 58th Place and S. Central Avenue in Los Angeles.

On October 1, 2024, Defendant filed an answer.

On April 22, 2025, Plaintiff filed this motion for an order deeming Defendant to have admitted the truth of the matters specified in requests for admission.  Plaintiff also seeks sanctions.

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.” (Code Civ. Proc., § 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.”  (Code Civ. Proc., § 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 truth of the matters specified 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., § 2023.020, subd. (a).)

Discussion

Plaintiff served Defendant with Requests for Admission (Set One), on October 10, 2024. (Cicione Decl., ¶ 2 & Exh. A.) Defendant has failed to respond. (Id., ¶ 2.)

Plaintiff need show nothing more.

The motion for a deemed-admitted order is granted.

The request for sanctions is granted.  The Court sets sanctions in the requested amount of $660, based on two hours of attorney time, multiplied by a reasonable hourly rate of $300, plus a $60 filing fee. (Id., ¶ 3.)  Sanctions are awarded against Defendant; no sanctions are sought against Defendant’s counsel.

The motion is granted.

Conclusion

The Court GRANTS the motion for a deemed-admitted order filed by Plaintiff State Farm Mutual Automobile Insurance Company.

The Court ORDERS that Defendant Jayvon Randall is DEEMED TO HAVE ADMITTED THE TRUTH of the matters specified in Requests for Admission (Set One) propounded by Plaintiff State Farm Mutual Automobile Insurance Company.

The Court GRANTS Plaintiff’s request for sanctions.

The Court ORDERS Defendant Jayvon Randall to pay monetary sanctions under the Civil Discovery Act in the amount of $660 to Plaintiff State Farm Mutual Automobile Insurance Company (through counsel) within 30 days of notice.

Moving party is ORDERED to give notice.