Judge: Theresa M. Traber, Case: 20STCV49702, Date: 2022-11-07 Tentative Ruling

Case Number: 20STCV49702    Hearing Date: November 7, 2022    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     November 7, 2022                 TRIAL DATE: February 28, 2023

CASE:                         Hermozo Textile, LLC v. Trendy JS’, et al.

CASE NO.:                 20STCV49702

MOTION FOR ORDER DEEMING TRUTH OF MATTERS IN REQUESTS FOR ADMISSION AS ADMITTED

MOVING PARTY:               Plaintiff Hermozo Textile, LLC

RESPONDING PARTY(S): No response on eCourt as of 11/2/22

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is an action for breach of contract that was file on December 29, 2020. Plaintiff alleges that Defendants failed to pay for fabric goods sold by Plaintiff and accepted by Defendants.

            Plaintiff moves for an order deeming the truth of matters stated in its Requests for Admissions propounded to Defendant Hun Young An as admitted.

TENTATIVE RULING:

Plaintiff’s Motion for Order Deeming the Truth of Matters Stated in Their Requests for Admission as Admitted is GRANTED.

Plaintiff’s request for sanctions is GRANTED in the amount of $252.87 against Defendant. Payment is to be made within 10 days of the date of this order.

DISCUSSION:

Plaintiff moves for an order deeming the truth of matters stated in its Requests for Admissions propounded to Defendant Hun Young An as admitted, and for sanctions in the amount of $252.87.

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Legal Standard

When a party to whom requests for admission are directed fails to respond, the party propounding the requests may move for an order that the truth of any matters specified in the requests be deemed admitted. (Code Civ. Proc. § 2033.280(b).) “The court shall make this order [deem the requests admitted], unless it finds that the party to whom the request for admissions 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(c).)   

            On July 21, 2022, Plaintiff served Defendant Hun Young An with Plaintiff’s First Set of Requests for Admissions. (Declaration of Nico N. Tabibi ISO Mot. ¶ 2, Exh. 1.) Defendant’s responses were therefore due on August 26, 2022. (Id.) Defendant did not respond to the propounded discovery. (Id. ¶¶ 2-3.) As Defendant has not responded to this motion, the Court finds that Plaintiff is entitled to an order deeming the truth of the matters stated in Plaintiff’s Requests for Admissions as admitted.

Request for Sanctions

            Plaintiff also requests sanctions in the amount of $252.87 against Defendant An for failure to respond to Plaintiff’s requests for admissions.

Failure to respond or submit to an authorized method of discovery is a misuse of the discovery process for which sanctions may be imposed. (Code Civ. Proc. §§ 2023.010(d); 2023.030(a).) Sanctions are mandatory on the party or attorney or both whose failure to serve a timely response to requests for admission necessitated a motion to deem requests for admissions as admitted. (Code Civ. Proc. § 2033.280(c).) As Defendant’s failure to respond to Plaintiff’s requests for admissions necessitated this motion, sanctions are mandatory under section 2023.280.

Here, Plaintiff requests sanctions in the amount of $252.87, representing one half-hour of attorney time at $475 per hour, plus $61.50 in filing fees. (Tabibi Decl. ¶ 4.) The Court finds the requested attorney’s fees and costs to be reasonable and will therefore award the requested sanctions.

CONCLUSION:

Accordingly, Plaintiff’s Motion for Order Deeming the Truth of Matters Stated in Their Requests for Admission as Admitted is GRANTED.

Plaintiff’s request for sanctions is GRANTED in the amount of $252.87 against Defendant. Payment is to be made within 10 days of the date of this order.

Moving Party to give notice.

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IT IS SO ORDERED.

Dated: November 7, 2022                               ___________________________________

                                                                                    Theresa M. Traber

                                                                                    Judge of the Superior Court

            Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org by no later than 4:00 p.m. the day before the hearing. All interested parties must be copied on the email. It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.