Judge: William A. Crowfoot, Case: 23AHCV01466, Date: 2023-10-11 Tentative Ruling

Case Number: 23AHCV01466    Hearing Date: December 21, 2023    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

On June 26, 2023, plaintiff Nelson Enrique Vanegas Toro (“Plaintiff”) filed this action against defendants Abercrombie & Fitch Stores, Inc. (“Defendant”) and Hollister Co. California, LLC. On November 28, 2023, Defendant filed this motion for an order deeming admitted the matters within its Requests for Admission (Set One).

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 December 8, 2023, Plaintiff filed an opposition brief attaching substantially compliant responses. Accordingly, Defendant’s motion to deem admitted is DENIED. However, 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).) Accordingly, the Court imposes sanctions against Plaintiff in the reduced amount of $475 consisting of 1 hour at defense counsel’s hourly rate of $415 and a $60 filing fee, payable within 20 days of the date of this Order.

Moving party to give notice.

Dated this 21st day of December 2023

Parties who intend to submit on this tentative must send an email to the Court at ALHDEPT3@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.