Judge: Yolanda Orozco, Case: 22STCV05622, Date: 2023-02-15 Tentative Ruling

Case Number: 22STCV05622    Hearing Date: February 15, 2023    Dept: 31

PLAINTIFF’S MOTION TO COMPEL REQUEST FOR ADMISSION 

tentative ruling 

Plaintiff’s Motion to Compel Defendant to Answer Plaintiff’s Request for Admission is GRANTED. 

Plaintiff’s request for monetary sanctions in the amount of $116.00 against Defendant is GRANTED.

 Background 

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).) 

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).)   

Discussion 

motion to Compel RFA 

Plaintiff asserts that on July 28, 2022, Plaintiff propounded on Defendant Valaria Cruz twenty-seven (27) Requests for Admissions (RFA). (Mot. Ex. A.) Plaintiff tried to meet and confer with Defendant in order to obtain a response to the RFAs, but Defendant failed to Respond. (Mot. Ex. B-G.) 

Since Defendant has failed to answer and respond to the RFA, the Motion is GRANTED. 

Request for Sanctions 

Plaintiff’s notice of motion requested sanctions against Defendant in the amount of $116.00 for the cost of bringing this Motion, including the $60.00 filing fee. 

Since Plaintiff failed to respond or oppose this Motion, the Court GRANTS Plaintiff’s request for monetary sanctions in the amount of $116.00. 

Conclusion 

Plaintiff’s Motion to Compel Defendant to Answer Plaintiff’s Request for Admission is GRANTED. Defendant is ordered to serve responses within 30 days. 

Plaintiff’s request for monetary sanctions in the amount of $116.00 against Defendant is also GRANTED. 

Moving party to give notice.