Judge: Steven A. Ellis, Case: 22STCV32527, Date: 2024-12-03 Tentative Ruling
Case Number: 22STCV32527 Hearing Date: December 3, 2024 Dept: 29
Gisondo v.
Guidroz
22STCV32527
Defendant’s Motion for Order Deeming Plaintiff to Have Admitted the Truth of
the Matters Specified in Requests for Admission (Set One).
Tentative
The motion is granted. The request for sanctions
is granted in part.
Background
On October 4, 2022, Skyler Gisondo (“Plaintiff”) filed a
complaint against Lori Guidroz (“Defendant”) and Does 1 through 100 for general
negligence arising out an incident in which Defendant allegedly injured Plaintiff
while performing a neck massage.
On January 25, 2024, Defendant filed an answer.
On November 4, 2024, Defendant filed this
motion for an order deeming Plaintiff to have admitted the truth of the matters
specified in Defendant’s Requests for Admission (Set One).
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., § 2023.030, subd.
(a).)
Discussion
On July 17, 2024, Defendant served
Plaintiff with Requests for Admission (Set One). (Jamarne Decl., ¶ 2 & Exh.
A.) No responses have been served. (Id., ¶ 4.)
Defendant need show nothing more.
Accordingly, the Court grants Defendant’s
motion for a deemed-admitted order.
Defendant’s request for sanctions is
granted in part. Based on the relatively
straightforward nature of this motion, the Court sets sanctions in the amount
of $860, based on two hours of attorney time, multiplied by counsel’s
reasonable billing rate of $400 per hour, plus a $60 filing fee. (See Jamarne Decl., ¶ 6.)
Conclusion
The Court GRANTS Defendant’s motion
for a deemed-admitted order.
The Court DEEMS Plaintiff Skyler
Gisondo to have 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.
The Court ORDERS Plaintiff Skyler
Gisondo and counsel of record Douglas Friedman, Esq., jointly and severally, to
pay $860.00 in monetary sanctions under the Civil Discovery Act to Defendant (through
counsel) within 30 days of notice.
Moving party is ORDERED to give
notice.