Judge: Virginia Keeny, Case: 23STCV10698, Date: 2025-01-13 Tentative Ruling

All rulings shown here are TENTATIVE ONLY, and thus oral argument WILL be heard. All Counsel are still required to attend.

Case Number: 23STCV10698    Hearing Date: January 13, 2025    Dept: 45

Cosmo Lombino v. fca us llc et al.

MOTION to deem rfa’s admitted and request for sanctions

Date of Hearing: January 13, 2025                             Trial Date:       May 5, 2025

Department:               45                                            Case No.:         23STCV10698

Moving Party:             Plaintiff Cosmo Lombino (Plaintiff)

Responding Party:       None as of January 8, 2025

BACKGROUND

In this case, Plaintiff Cosmo Lombino (“Plaintiff”) filed against Defendant FCA US LLC (“Defendant”) on May 11, 2023. On July 6, 2023 the Answer to the Complaint was filed by the Defendant. On August 18, 2023 Defendant was served with Request for Admissions Set One. The responses to the Request for Admissions were due on or about September 22, 2023.

[Tentative] Ruling

The Court GRANTS the Motion to Deem Requests for Admissions, Set One. Requests for Admissions, Set One are deemed admitted. The Court also GRANTS monetary sanctions in a reduced amount in favor of Plaintiff and against Defendant in the amount of $616.65.

Defendant and Defendant’s attorney of record, Clark Hill LLP, jointly or severally, are ordered to pay Plaintiff monetary sanctions in the amount of $616.65 within 30 days of this order.

LEGAL STANDARD

A party that fails to timely respond to a request for admission waived any objection to the requests, including those based on privilege and work-product. (Code Civ Pro. Section 2033.280(a). The requesting party may also move for an order that the truth of any matters specified in the requests be deemed admitted. (Id. at Section 2033.280(b).)

ANALYSIS

Merits

On August 18, 2023, Defendant was served with Request for Admissions Set One. (Yashar Decl., ¶ 2; Ex.2.) The responses to the Request for Admissions were due on or about September 22, 2023. (Id. at ¶ 3.) The Defendant did not provide the responses on September 22, 2023, and has not provided any responses to date. (Id. at ¶¶ 4-5.) Notably, Defendant did not file an opposition. Thus, the Court GRANTS the motion and Request for Admissions Set One is deemed admitted.

Sanctions

Plaintiff requests monetary sanctions in the amount of $1,681.65 against Defendant. Plaintiff’s counsel justifies the amount requested as follows: for a total of 4.5 hours at an hourly rate is $350.00 per hour (consisting of 1 hour drafting the instant motion, 2 hours reviewing and drafting a reply, and 1.5 hours preparing for and attending the hearing). Plaintiff also requests $61.65 for the filing fees, $30 for e-filing (for motion and reply), and $15 for LA Court Connect fee.  

Although the Court finds that monetary sanctions are warranted, the Court finds the amount sought is excessive because the motion is unopposed and simple. Therefore, the Court reduces the amount to $616.65 (1.5 hours drafting the instant motion, 0.5 hours attending the hearing, $61.65 in filing fees, and $15 for e-filing fees, and $15 for LA Court Connect fee.)

Thus, the Court GRANTS IN PART the monetary sanctions in a REDUCED amount of $616.65. Defendant and Defendant’s attorney of record, Clark Hill LLP, jointly or severally, are ordered to pay Plaintiff monetary sanctions in the amount of $616.65 within 30 days of this order.

CONCLUSION

The Court GRANTS the motion and Request for Admissions, Set One is deemed admitted.

The Court GRANTS IN PART the monetary sanctions in a REDUCED amount of $616.65. Defendant and Defendant’s attorney of record, Clark Hill LLP, jointly or severally, are ordered to pay Plaintiff monetary sanctions in the amount of $616.65 within 30 days of this order.