Judge: William A. Crowfoot, Case: 22STCV26213, Date: 2022-12-23 Tentative Ruling

Case Number: 22STCV26213    Hearing Date: December 23, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

          On August 12, 2022, Plaintiff Robert Diamond filed this action against Defendant Joann Serrano.  The action arises from a motor vehicle collision that occurred on December 28, 2020.  Plaintiff served Defendant with the summons and complaint on September 10, 2022 by personal service. 

Plaintiff served Request for Admissions (Set One) by mail to Defendant on September 21, 2022.  A plaintiff may make requests for admission by a party without leave of court at any time that is 10 days after the service of the summons on, or appearance by, that party, whichever occurs first.  (Code Civ. Proc., § 2033.020.) 

On October 10, 2022, Defendant, through counsel, filed an answer.  Plaintiff sent copies of the discovery by electronic mail the same day and sent meet and confer correspondence on November 1, 2022.  However, no responses to the requests for admission have been served. 

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).)

Defendant has not opposed this motion and it does not appear that Defendant has served substantially compliant responses before the hearing.  Accordingly, Plaintiff’s motion to deem admitted is GRANTED>

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).)

Sanctions are imposed against Defendant and counsel of record, jointly and severally, in the amount of $310, consisting of 1 hour at Plaintiff’s counsel’s hourly rate of $250 and a $60 filing fee, to be paid 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.