Judge: Theresa M. Traber, Case: 20STLC09822, Date: 2023-05-17 Tentative Ruling

Case Number: 20STLC09822    Hearing Date: May 17, 2023    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     May 17, 2023                                     TRIAL DATE: NOT SET

CASE:                         Stanford Neighborhood Association LLC v. Miranda Logistics Enterprise, Inc.

CASE NO.:                 22STLC09822           

MOTION TO DEEM REQUESTS FOR ADMISSIONS (SET THREE) ADMITTED; REQUEST FOR SANCTIONS

MOVING PARTY:               Defendants/Cross-Complainants Miranda Logistics Enterprise, Inc., Grit & Gravel Inc, and United Pacific Waste

RESPONDING PARTY(S): Plaintiff Stanford Neighborhood Association LLC

CASE HISTORY:

·         11/24/20: Complaint filed

·         02/09/21: Cross-Complaint filed as to Stanford Neighborhood Association, LLC; DGT Holdings LLC, and LA Catering Truck MFG, Inc.

·         02/26/21: First Amended Complaint filed.

·         04/09/21: Cross-Complaint filed as to Grit & Gravel Inc. and Miranda Logistics Enterprise, Inc.

·         07/01/21: Second Amended Complaint filed.

·         07/21/21: First Amended Cross Complaint filed as to Stanford Neighborhood Association, LLC; DGT Holdings LLC, and LA Catering Truck MFG, Inc.

·         08/09/21: First Amended Cross-Complaint filed as to Grit & Gravel Inc. and Miranda Logistics Enterprise, Inc.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is an action for trespass, nuisance, negligence, and intentional interference with contract. Plaintiff alleges that Defendants have failed to comply with local zoning ordinances pertaining to a building materials salvage yard which they operate.

Defendants move to deem Requests for Admissions (Set Three) propounded to Plaintiff as admitted, and for sanctions.

TENTATIVE RULING:

            Defendants’ Motion to Deem Requests for Admission (Set Three) propounded to Plaintiff as Admitted is DENIED as moot.

            Defendants’ request for sanctions is GRANTED in the amount of $490 against Plaintiff Stanford Neighborhood Association LLC only.

            Payment is to be made within 10 days of this order.

DISCUSSION:

            Defendants move to deem Requests for Admissions (Set Three) propounded to Plaintiff as admitted and for sanctions.

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 30, 2021, Defendant served Plaintiff with Defendant’s Requests for Admissions (Set Three) via email. (Declaration of Ross Steinbach ISO Mot. ¶ 4, Exh. A.) Plaintiff’s responses were therefore due on August 31, 2021. According to Plaintiff’s opposition papers, responses were served by email on Defendant on April 26, 2023. (Declaration of Richard Jacobs ISO Opp. Exh. A.) This motion is therefore moot.

Sanctions

            Defendants request sanctions in connection with this motion in the amount of $1,562.85.

            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).)

            Here, Defendants seek sanctions in the amount of $1,562.85. However, the Declaration of Law Clerk Ross Steinbach, responsible for preparing this motion, states that he only incurred two hours of billed time at a rate of $245 per hour in connection with this motion, with an additional hour anticipated. (Steinbach Decl. ¶ 6.) Although Defendants also produce the Declaration of Donald Velez in support of this motion, that declaration does not identify any attorney time actually billed specifically in connection with this motion. The Court declines to award sanctions in excess of the time which Defendants have shown was actually billed by Defendants’ counsel. Accordingly, the Court will award reduced sanctions in the amount of $490 in connection with this motion, reflecting the two hours actually billed.

            At a previous hearing on May 15, 2023, concerning motions to compel responses to form interrogatories and requests for production, counsel for Plaintiff represented that the failure to provide timely responses to all of the discovery currently before the Court—including these requests—resulted from Plaintiff’s counsel’s inability to contact his clients. The parties then orally stipulated that any sanctions to be awarded in connection with these motions would be made against the parties, and not against Plaintiff’s counsel. (May 15, 2023 Minute Order.) The Court will therefore require that these sanctions be paid by Plaintiff Stanford Neighborhood Association LLC only.

CONCLUSION:

            Accordingly, Defendants’ Motion to Deem Requests for Admission (Set Three) propounded to Plaintiff as Admitted is DENIED as moot.

            Defendants’ request for sanctions is GRANTED in the amount of $490 against Plaintiff Stanford Neighborhood Association LLC only.

            Payment is to be made within 10 days of this order.

            Moving Parties to give notice.

IT IS SO ORDERED.

Dated:  May 17, 2023                         ___________________________________

                                                                                    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.