Plaintiff Sara Campbell?s Motion to Deem the Truth of Matters Specified in Request for Admissions as Admitted?is GRANTED.?Plaintiff is awarded?the amount of $300 in monetary sanctions against Defendant Nathanael Lineham aka Garry Lineham, payable within 30 days service of notice of this order by Plaintiff.
On December 27, 2016, Plaintiff Sara Campbell (?Plaintiff?) filed this action against Defendant Lineham Center, LLC.??On January 17, 2018, Plaintiff amended the Complaint to name David Rubenstein and Nathanael Lineham aka Garry Lineham (?Lineham?) as Doe 1 and Doe 2, respectively.??On May 14, 2018, Plaintiff filed a Motion to Deem the Truth of Matters Specified in Request for Admissions as Admitted and to Request for Sanctions (the ?Motion?).
Discussion
On?March 28,?2018, Plaintiff served a Request for Admissions on Lineham.??(Collins Decl. ? 2, Exh.?A.)??To date, Plaintiff has not received any discovery response from Lineham.??(Id.?? 5.)
Because Lineham has failed to serve any response to Plaintiff?s Request for Admissions, the unopposed?Motion?is GRANTED.?Pursuant to?CCP ? 2033.280, the truth of the matters specified in Plaintiff?s Request for Admissions to Lineham?is hereby deemedadmitted.
Plaintiff requests monetary sanctions?in the amount of?$300 for the Motion.??(Id.?? 6.)??Plaintiff requests attorney?s?fees in the amount of $240?for two (2) hours to prepare the Motion?and $60 in filing fee.
Because the Motion has?been granted, monetary sanctions are mandatory under CCP ? 2033.280(c).??The Court, therefore, awardsPlaintiff?$130 in monetary sanctions against Lineham.??Sanctions are to?be paid?within thirty (30) days from the date of serving a notice of this Order by Plaintiff.
Moving party to give notice.