Judge: William A. Crowfoot, Case: 21STCV30275, Date: 2022-12-28 Tentative Ruling

Case Number: 21STCV30275    Hearing Date: December 28, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

FABIENNE SANEGOR,

                   Plaintiff(s),

          vs.

 

WALMART INC., et al.,

                   Defendant(s).

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      CASE NO.: 21STCV30275

 

[TENTATIVE] ORDER RE: PLAINTIFF’S MOTION TO COMPEL RESPONSES AND DEEM ADMITTED; REQUEST FOR MONETARY SANCTIONS

 

Dept. 27

1:30 p.m.

December 28, 2022

 

On August 16, 2021, plaintiff Fabienne Sanegor (“Plaintiff”) filed this action against defendant Walmart Inc. (“Defendant”) arising from injuries allegedly caused by a defective spin bike pedal Plaintiff purchased from Defendant.  On October 12, 2022, Plaintiff served Requests for Admission (Set One) on Defendant.  No responses were received by the statutory deadline and on November 28, 2022, Plaintiff filed this motion to deem admitted.  Plaintiff also requests monetary sanctions in the amount of $2,000. 

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 party who failed to respond waives any objections to the demand, unless the court grants them relief from the waiver, upon a showing that the party (1) has subsequently served a substantially compliant response, and (2) that the party’s failure to respond was the result of mistake, inadvertence, or excusable neglect.  (Code Civ. Proc., § 2033.280, subds. (a)(1)-(2).)

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).)

Defendant opposed Plaintiff’s motion on the grounds that a response to Plaintiff’s Requests for Admission (Set One) were served before the hearing.  Defendant did not attach a copy of the responses and the Court cannot determine if the proposed response is substantially compliant with Code of Civil Procedure section 2033.220. 

Accordingly, the Court continues the hearing to January 6, 2023 at 1:30 p.m. so that Defendant may file a copy of its proposed response. 

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.