Judge: Theodore R. Howard, Case: 21-1210269, Date: 2022-12-08 Tentative Ruling

Defendant Hillstone Restaurant Group, Inc. (“Defendant”) unopposed Motion to Deem Requests for Admissions (“RFA”), Set One, to Plaintiff, Amanda Hayes (“Plaintiff”) admitted is GRANTED.  (Code Civ. Proc. § 2033.280(c).)

Defendant’s unopposed Motion to Compel Plaintiff’s Deposition is GRANTED.  (Code Civ. Proc. § 2025.450(a).)

The motion regarding the RFAs demonstrates that on January 14, 2022, Defendant propounded upon Plaintiff RFA, Set One, but despite Defendant granting Plaintiff six weeks of extensions, Plaintiff failed to serve responses to the RFA.  (Declaration of Roger R. Bracken ¶¶ 4-6 and Exhibits A-B.)

Code Civ. Proc. § 2033.280(c) states that the court “shall” grant a motion to deem request for admission admitted “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.”  Here, no responses to the RFA have been served. 

Accordingly, the motion to deem the matters admitted is GRANTED.

The motion to compel attendance at deposition demonstrates that despite Defendant properly noticing Plaintiff’s deposition twice, Plaintiff failed to appear, failed to object, and failed to provide dates to reschedule the deposition.  (Declaration of Roger R. Bracken ¶¶ 4-10 and Exhibits A-E.)

“If, after service of a deposition notice, a party to the action…without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it…the party giving the notice may move for an order compelling the deponent's attendance and testimony[.]”  (CCP § 2025.450(a).)

Here, as Plaintiff failed to appear for a properly noticed deposition and failed to serve a valid objection, the motion to compel her attendance at deposition is GRANTED.

Plaintiff is ordered to appear for deposition within 30 days of the date of this ruling.

The Court finds sanctions are warranted against Plaintiff and her counsel on the motion to compel deposition.  Plaintiff failed to oppose the motion and thus failed to offer any substantial justification for her failure to attend deposition.  Further, sanctions are mandatory on the RFA motion.  (Code Civ. Proc. § 2033.280(c).)

The Court imposes a reasonable sanction of $685 per motion against Plaintiff and her counsel of record, Akhidenor Law, PC, payable to Defendant within 30 days of notice of this order.  (Code Civ. Proc. §§ 2033.280(c),  2025.450(g)(1).)

Moving party to give notice.