Superior Court of California

County of Los Angeles

Department 50

NARGIS RASHID, Plaintiff, vs. BURGERIM GROUP USA, INC., et al., Defendants.	Case No.:	19STCV43571
	Hearing Date:	January 4, 2023
	Hearing Time:	10:00 a.m.
	[TENTATIVE] ORDER RE: PLAINTIFF’S MOTION TO DEEM ADMITTED PLAINTIFF’S FIRST SET OF REQUESTS FOR ADMISSION PROPOUNDED ON DEFENDANT OREN LONI, AND FOR MONETARY SANCTIONS AGAINST DEFENDANTS [sic] OREN LONI IN THE AMOUNT OF $650; PLAINTIFF’S MOTION TO DEEM ADMITTED PLAINTIFF’S FIRST SET OF REQUESTS FOR ADMISSION PROPOUNDED ON DEFENDANT BURGERIM GROUP USA, INC., AND FOR MONETARY SANCTIONS AGAINST DEFENDANTS [sic] BURGERIM GROUP, USA, INC. IN THE AMOUNT OF $650

Background

On December 4, 2019, Plaintiff Nargis Rashid (“Plaintiff”) filed this action against Defendants Burgerim Group USA, Inc. (“Burgerim”), Saffron Mediterranean Kitchen, and Oren Loni (“Loni”). The Complaint alleges causes of action for (1) discrimination, (2) harassment, (3) retaliation, (4) failure to prevent discrimination, harassment, and retaliation, (5) sexual harassment, (6) intentional infliction of emotional distress, (7) declaratory judgment, (8) wrongful termination in violation of public policy, and (9) failure to permit inspection of personnel and payroll records.

On or about September 27, 2022, Plaintiff served Request for Admissions (Set One) on Loni. (Castro Decl., ¶ 2, Ex. A.) In addition, on or about September 27, 2022, Plaintiff served

Request for Admissions (Set One) on Burgerim. (Castro Decl., ¶ 2, Ex. A.) As of the date of the filing of the instant motions, Loni and Burgerim have not served any responses to the Requests for Admissions (Set One), nor have they requested any extensions. (Castro Decls., ¶ 3.)

Plaintiff now moves for an order to deem admitted Plaintiff’s first set of Requests for Admissions propounded on Loni and Burgerim, and for an award of monetary sanctions. No opposition to the motions was filed.

Discussion

If a party to whom requests for admission are directed fails to serve a timely response, the requesting party may move for an order that the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction. (Code Civ. Proc., § 2033.280, subd. (b).) Moreover, failure to timely serve responses waives objections to the requests for admission. (Code Civ. Proc., § 2033.280, subd. (a).)

Here, Plaintiff indicates that Loni and Burgerim did not serve timely responses to the Requests for Admissions (Set One). (Castro Decls., ¶ 3.) The Court thus finds that Plaintiff is entitled to an order that the matters in Plaintiff’s Request for Admissions (Set One) to Loni are deemed admitted, and that the matters in Plaintiff’s Request for Admissions (Set One) to Burgerim are deemed admitted.

Plaintiff requests that the Court award monetary sanctions in the amount of $650 against Loni; and that the Court award monetary sanctions in the amount of $650 against Burgerim. (Castro Decls., ¶¶ 4-7.) The Court finds that this amount is reasonable.

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Conclusion

Based on the foregoing, Plaintiff’s motions are granted. The Court orders that the matters in Plaintiff’s Request for Admissions (Set One) to Loni are deemed admitted; and that the matters in Plaintiff’s Request for Admissions (Set One) to Burgerim are deemed admitted.

The Court further orders Loni to pay $650 to Plaintiff and Burgerim to pay $650 to Plaintiff within 30 days of notice of this order.

Plaintiff is ordered to give notice of this order.

DATED: January 4, 2023 ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court