Judge: Steven A. Ellis, Case: 22STCV39054, Date: 2024-03-08 Tentative Ruling

Case Number: 22STCV39054    Hearing Date: March 8, 2024    Dept: 29

Motion to Deem Admitted the Truth of the Matters Specified in Requests for Admission (Set One) filed by Plaintiffs Geovanni Montes, Juan J. Montes Garcia, and Kimberly Montes.

Tentative

The motion for a deemed-admitted order is granted.

The request for sanctions is granted in part.

Background

On December 15, 2022, Plaintiffs Geovanni Montes, Juan J. Montes Garcia, and Kimberly Montes (collectively “Plaintiffs”) filed their complaint against Domingo Miguel (“Defendant”) and Does 1 through 15 asserting causes of action for motor vehicle negligence and general negligence arising out of a motor vehicle accident occurring on November 10, 2022.

On January 18, 2023, Defendant filed his answer in pro per.

On April 2, 2023, Plaintiffs served Defendant with Requests for Admission (Set One). (Babaians Decl., ¶ 2.) Defendant did not respond. (Id., ¶ 6.)

On January 5, 2024, Plaintiffs filed this Motion to Deem Admitted the Truth of the Matters Specified in Requests for Admission (Set One).  Plaintiffs also seek sanctions.  Plaintiffs served Defendant by mail at the address provided on his Answer.

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).)

“The court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though no opposition to the motion was filed, or opposition to the motion was withdrawn, or the requested discovery was provided to the moving party after the motion was filed.” (Cal. Rules of Court, rule 3.1348(a).) 

Discussion

On April 2, 2023, Plaintiffs served Defendant with Requests for Admission (Set One).  (Babaians Decl., ¶ 2.) Defendant never responded. (Id., ¶ 6.)

Plaintiffs need not show anything more.  Their motion for a deemed-admitted order is granted.

The Court also grants in part Plaintiffs’ request for sanctions.  The Court sets sanctions in the amount of $360, calculated based upon the one hour of attorney work set forth in the declaration, multiplied by a reasonable billing rate of $300 per hour for work of this nature, plus a filing fee.  (See Babaians Decl., ¶ 8.)

Conclusion

The Court GRANTS the motion for a deemed-admitted order.

The Court ORDERS that Defendant is deemed to have admitted the truth of the matters specified in Plaintiffs’ Requests for Admission (Set One).

The Court GRANTS in part Plaintiff’s request for sanctions.

The Court ORDER Defendant to pay sanctions under the Civil Discovery Act in the amount of $360 to Plaintiffs within 30 days of notice.

Moving party is ORDERED to give notice.