Judge: Theresa M. Traber, Case: 24STCV04445, Date: 2024-11-08 Tentative Ruling

Case Number: 24STCV04445    Hearing Date: November 8, 2024    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     November 8, 2024                 TRIAL DATE: NOT SET

CASE:                         Immigrant Rights Defense Council, LLC v. Vanessa Navarro, et al.

CASE NO.:                 24STCV04445           

MOTION TO DEEM THE TRUTH OF MATTERS STATED IN REQUESTS FOR ADMISSIONS AS ADMITTED (x2); REQUEST FOR SANCTIONS

MOVING PARTY:               (1)(2) Plaintiff Immigrant Rights Defense Council, LLC

RESPONDING PARTY(S): No response on eCourt as of 11/6/24.

CASE HISTORY:

·         02/22/24: Complaint filed.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is an action for injunctive relief that was filed on February 22, 2024. Plaintiff alleges that Defendants are offering immigration consulting services out of compliance with the California Immigration Consultant Act.

Plaintiff moves to deem the truth of matters stated in requests for admissions propounded to Defendants as admitted, and for sanctions.

TENTATIVE RULING:

Plaintiff’s Motion to Deem the Truth of Matters Stated in Requests for Admissions Propounded to Defendant Navarro as Admitted is GRANTED.

            Plaintiff’s Motion to Deem the Truth of Matters Stated in Requests for Admissions Propounded to Defendant LA Immigration Center LLC as Admitted is GRANTED.

            Plaintiff’s request for sanctions is DENIED.

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DISCUSSION:

Plaintiff moves to deem the truth of matters stated in requests for admissions propounded to each Defendant as admitted, and for sanctions. As both motions are substantively identical, the Court addresses the motions jointly in the interest of brevity.

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).)

Analysis

            Plaintiff served each Defendant with a set of requests for admissions via U.S. Mail on March 11, 2024. (Declaration of Sebastian M. Medvei ISO Mot. ¶ 4; Exh. 1.) To date, no responses have been received. (Id.) Plaintiff is therefore entitled to an order deeming the truth of matters stated in the requests for admissions.

Sanctions

            Plaintiff also requests sanctions in the amount of $3,992.15 against each Defendant for failing to respond to the 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).)

            Plaintiff requests $3,992.15 in sanctions against each Defendant based on 2 hours actually incurred at $750 per hour, plus an additional 3 anticipated hours, plus $78.80 in filing fees. (Medvei Decl. ¶ 6.) This fee request is unreasonably inflated on its face. It should not take five hours to prepare a straightforward motion to deem matters admitted. The Court therefore exercises its discretion to deny this request as unreasonably inflated. (Chavez v. City of Los Angeles (2010) 47 Cal. 4th 970, 989-991.)   

CONCLUSION:

            Accordingly, Plaintiff’s Motion to Deem the Truth of Matters Stated in Requests for Admissions Propounded to Defendant Navarro as Admitted is GRANTED.

            Plaintiff’s Motion to Deem the Truth of Matters Stated in Requests for Admissions Propounded to Defendant LA Immigration Center LLC as Admitted is GRANTED.

            Plaintiff’s request for sanctions is DENIED.

            Moving Party to give notice.

IT IS SO ORDERED.

Dated:  November 8, 2024                              ___________________________________

                                                                                    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.