Judge: Teresa A. Beaudet, Case: 21STCV00205, Date: 2022-10-05 Tentative Ruling

Case Number: 21STCV00205    Hearing Date: October 5, 2022    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

Background

On January 5, 2021, Plaintiff National Commercial Recovery, Inc., dba Blair Smith and Associates (“Plaintiff”) filed this action against several defendants, including Charlotte Woods aka Charlotte L. Woods aka Charlotte Belz aka Charlotte Worden (“Woods”). Plaintiff filed the operative First Amended Complaint on February 11, 2022, asserting causes of action for (1) open book account, (2) goods sold and delivered, (3) account stated, (4) fraudulent transfer of assets, and (5) successor liability.   

On May 23, 2022, Plaintiff served Request for Admission of Facts for Defendant Charlotte Woods; Set One (the “Requests for Admission”) on Woods. (Besnyl Decl., ¶ 2, Ex. A.)

On September 6, 2022, Plaintiff participated in an Informal Discovery Conference (“IDC”). As set forth in the Court’s September 6, 2022 minute order, Woods did not appear for the IDC. The minute order also provides, inter alia, “Plaintiff has fulfilled its IDC obligation regarding the requests for admissions propounded to Defendant Woods. Plaintiff has reserved 10/05/22 at 10:00 am for its motion to deem the requests for admissions admitted.”

Plaintiff indicates that as of the date of the filing of the instant motion, it has not received any responses to the Requests for Admission. (Besnyl Decl., ¶ 4.) 

Plaintiff now moves for an order that the truth of the matters specified in Plaintiff’s Requests for Admission be deemed admitted against Wood. Plaintiff also seeks monetary sanctions. No opposition to the motion 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).)

The Court shall make this order, “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 (, subd. (c ?YEAR?).) Moreover, failure to timely serve responses waives objections to the requests. (Code Civ. Proc., § 2033.280, subd. (a).)

Plaintiff has provided evidence that Woods did not timely serve responses to the Requests for Admission. Woods does not oppose the instant motion and has not provided any evidence that responses to the Requests for Admission have been served. Therefore, the Court finds that Plaintiff is entitled to an order that the truth of the matters specified in the Requests for Admission be deemed admitted.

Plaintiff also requests monetary sanctions in connection with the motion. Pursuant to Code of Civil Procedure section 2033.280, subdivision (c), “[i]t 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.” Plaintiff’s counsel indicates that the total attorney’s fees and costs incurred by Plaintiff in bringing this motion will be $560.00. (Besnyl Decl., ¶ 5.) The Court finds that this amount is reasonable.

Conclusion

Based on the foregoing, Plaintiff’s motion is granted. The Court orders that the matters specified in the Requests for Admission are deemed admitted.

The Court orders Wood to pay $560.00 to Plaintiff within 30 days of notice of this order.

Plaintiff is ordered to give notice of this order.

DATED:  October 5, 2022                             ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court