Judge: Upinder S. Kalra, Case: 21STLC05219, Date: 2022-10-17 Tentative Ruling

Case Number: 21STLC05219    Hearing Date: October 17, 2022    Dept: 26

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED;

REQUEST FOR SANCTIONS

(CCP § 2033.280)

TENTATIVE RULING:  

Defendants Rochelle Gleaton and Brandon Roberts’ Motion to Deem Requests for Admission Admitted and Request for Sanctions is DENIED AS TO THE ORDER DEEMING THE REQUESTS FOR ADMISSIONS ADMITTED AND GRANTED AS TO THE REQUEST FOR SANCTIONS. PLAINTIFF JOHN JENKINS IS ORDERED TO PAY SANCTIONS OF $611.65 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

On August 4, 2022, Defendants Rochelle Gleaton and Brandon Roberts (“Defendants”) served Requests for Admissions, Set One, on Plaintiff John Jenkins (“Plaintiff”). (Motion, Block Decl., Exh. A.) Plaintiff served unverified responses on August 31, 2022 and defense counsel sought to meet and confer regarding the dispute. (Id. at ¶¶5-7 and Exh. B.) Defendants filed the instant Motion to Deem Requests for Admission Admitted and Request for Sanctions (“the Motion”) on September 20, 2022. Plaintiff filed an opposition on October 3, 2022.  

There is no requirement for a prior meet and confer effort before a motion to deem requests for admission can be filed. (Code Civ. Proc., § 2033.280.) Further, the motion can be brought any time after the responding party fails to provide the responses. (Code Civ. Proc., § 2033.280.) At the time the Motion was filed, Plaintiff had not verified served responses to the Requests for Admission. (Id. at ¶7.) However, Plaintiff has now demonstrated that verification to the responses was served on Defendant on October 3, 2022. (Opp., Verification, filed 10/03/22, Proof of Service.) This requires the Court to deny Defendant’s request for an order deeming the Requests for Admission admitted. (Code Civ. Proc., § 2033.280, subd. (c).)

However, the Court is required to award sanctions under the moving statute due to the untimeliness of the verification. (Code Civ. Proc., § 2033.280, subd. (c).) While properly noticed, the sanctions sought are excessive under a lodestar calculation. Sanctions are granted against Plaintiff in the amount of $611.65, based on one hour of attorney time billed at $550.00 per hour, plus the $61.65 filing fee. (Motion, Block Decl., ¶7.)

Conclusion

Defendants Rochelle Gleaton and Brandon Roberts’ Motion to Deem Requests for Admission Admitted and Request for Sanctions is DENIED AS TO THE ORDER DEEMING THE REQUESTS FOR ADMISSIONS ADMITTED AND GRANTED AS TO THE REQUEST FOR SANCTIONS. PLAINTIFF JOHN JENKINS IS ORDERED TO PAY SANCTIONS OF $611.65 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.