Judge: William A. Crowfoot, Case: 20STCV48003, Date: 2022-08-11 Tentative Ruling

Case Number: 20STCV48003    Hearing Date: August 11, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On December 15, 2020, plaintiff Mary Uwak Kuffour (“Plaintiff”) filed this action against defendants Andrew Ransome Baer and Medreach, Inc. (collectively, “Defendants”) arising from an automobile accident that occurred on December 18, 2018.  On July 15, 2022, Defendants filed this motion to have the truth of any matters specified in the Requests for Admissions propounded on Plaintiff to be deemed admitted.  Defendants also request monetary sanction against Plaintiff and her counsel in the amount of $1,720.

Where a party fails to timely respond to a request for admission, the propounding party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted.  (Code Civ. Proc., § 2033.280, subd. (b).)  The court shall grant a motion to deem admitted requests for admissions, “unless it finds that the party to whom the requests for admission 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, subd. (c).)

On July 29, 2022, Plaintiff filed an opposition brief with a declaration from counsel stating that verified responses were served on July 27, 2022.  (Opp., ¶ 5.)  Defendants do not dispute that verified responses were served.  Accordingly, the motion to deem admitted is denied. 

Where a party fails to provide a timely response to requests for admission, “[i]t is mandatory that the court impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.”  (Code Civ. Proc., § 2033.280, subd. (c).)

Plaintiff requests that the Court lower the amount of sanctions requested by Defendants.  The Court agrees that the amount sought by Defendants for the preparation of a simple motion is excessive and instead imposes sanctions against Plaintiff and counsel of record, jointly and severally, in the reduced amount of $285, consisting of 1 hour at defense counsel’s hourly rate of $225 and a $60 filing fee, payable within 20 days of the date of this order.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.