Judge: Theresa M. Traber, Case: 24STCV19014, Date: 2025-01-09 Tentative Ruling

Case Number: 24STCV19014    Hearing Date: January 9, 2025    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     January 9, 2025                     TRIAL DATE: NOT SET

CASE:                         Fernando Gonzalez v. Lei Cheng

CASE NO.:                 24STCV19014           

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

MOVING PARTY:               Defendant Lei Chng

RESPONDING PARTY(S): No response on eCourt as of 01/06/25

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is a personal injury action filed on July 30, 2024, arising from a motor vehicle accident near 550 N. Figueroa Street, Los Angeles, CA.

Defendant moves for an order deeming the truth of matters stated in requests for admissions propounded to Plaintiff as admitted, and for sanctions.

TENTATIVE RULING:

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

            Defendant’s request for sanctions is GRANTED in the amount of $277.50 against Plaintiff and his counsel, jointly and severally. Payment is to be made within 10 days of this order.

DISCUSSION:

Defendant moves for an order deeming the truth of matters stated in requests for admissions propounded to Plaintiff as admitted, and for sanctions.

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 [to 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

            Defendant served Plaintiff’s counsel with Defendant’s first set of Requests for Admissions on October 16, 2024. (Declaration of Landon I. Crawl ISO Mot. ¶ 4.) To date, no response has been received. (Id. ¶ 6.) Defendant is therefore entitled to an order deeming the truth of the matters stated in these requests.

Sanctions

Defendant also requests sanctions against Plaintiff and his counsel, jointly and severally, in the amount of $462.50.

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, Defendant requests $462.50 against Plaintiff and his counsel, jointly and severally, arising from 1.5 hours of attorney time incurred at $185.00 per hour to prepare this motion, and an additional anticipated hour to appear for the hearing on this matter. (Crawl Decl. ¶ 7.) The Court declines to award attorney’s fees for anticipated hours as such time has not actually been incurred. The Court therefore awards reduced attorney’s fees in the amount of $277.50, reflecting 1.5 hours of attorney time at $185.00 per hour.

CONCLUSION:

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

            Defendant’s request for sanctions is GRANTED in the amount of $277.50 against Plaintiff and his counsel, jointly and severally. Payment is to be made within 10 days of this order.

            Moving Party to give notice.

IT IS SO ORDERED.

Dated:  January 9, 2025                                  ___________________________________

                                                                                    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.