Judge: Theodore R. Howard, Case: 20-1172126, Date: 2023-08-10 Tentative Ruling

Before the Court at present is Keenan Longcor’s “Motion for Reasonable Expenses Incurred Against Plaintiff Orange Circle Studio Corporation for Failing to Admit to Requests for Admission Nos. 21, 22 and 23 in Set One Requests,” which was filed on 6/14/23.

The Motion is DENIED.  Under C.C.P. § 2033.420(a), if a party fails to admit the truth of any matter in a Request for Admission (“RFA”), and the party requesting that RFA thereafter proves the truth of that matter, the requesting party may move for an order requiring the responding party to pay the reasonable expenses incurred in making that proof, including reasonable attorney's fees.  An issue must thus be proved in order to merit a fee award. (Stull v. Sparrow (2001) 92 Cal.App.4th 860, 867; compare Doe v. Los Angeles County Dept. of Children & Family Services (2019) 37 Cal.App.5th 675, 692 [fee award permitted where trial had begun and Defendants were required to present evidence to the jury on issues identified in RFAs].)

Here, Mr. Longcor points to several RFAs which were directed to Orange Circle Studio Corp. (“OCS”), as to the trademark claims presented by OCS in its Complaint.  But OCS dismissed those claims as trial was about to commence. (Ames Decl., Exs. L, M; M.O.s of 4/10/23 and 4/11/23.)  As Mr. Longcor has not shown that he incurred any fees to prove the truth of the matters identified in the RFAs at issue, he cannot recover any of the fees claimed in this Motion under C.C.P. § 2033.420(a). 

Counsel for Mr. Longcor is to give notice of this ruling.