Case Number: 19STCV29693 Hearing Date: July 15, 2020 Dept: 31
MOTIONS TO DEEM REQUESTS FOR ADMISSION ADMITTED ARE GRANTED.
Background
On August 21, 2019, the instant action was filed. On January 16, 2020, Plaintiffs Ana Peraza; Deisy Guevara; Victor Guevara; Robert Guevara; and Karen Guevara, by and through her Guardian ad Litem, Ana Peraza filed the Second Amended Complaint (“SAC”) against Defendants Walter J. Rode; W. Jack Rode, individually and as Trustee to the Rode Living Trust; An Marie Rode, individually and as Trustee to the Rode Living Trust; Raymond Theodore Kolby, Jr., individually and as Trustee to the Rode Trust; Enterprise Townhomes HOA; Enterprise Homeowners Association; Professional Realty Consultants, Inc.; and Does 1 through 100. The SAC asserts a single cause of action for wrongful death and personal injuries.
Plaintiffs seek an order deeming the Requests for Admissions, Set One served on Defendants Professional Realty Consultants, Inc. and Walter J. Rode admitted.
Legal Standard
Code of Civil Procedure section 2033.280 provides in relevant part:
If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply:
(a) The party to whom the requests for admission are directed waives any objection to the requests, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010). . . .
(b) The requesting 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, as well as for a monetary sanction under Chapter 7 (commencing with Section 2023.010).
(c) The court shall make this order, 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. It 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(a)-(c).)
Discussion
Plaintiffs seek an order deeming the Requests for Admissions, Set One served on Defendants Professional Realty Consultants, Inc. and Walter J. Rode (hereinafter “Defendants”) admitted.
Plaintiffs assert that on October 29, 2019, Defendants were served with Request for Admissions, Set One. (Shaffer Decl., Exh. 1.) Plaintiffs contend that despite numerous attempts by telephone and correspondence to obtain information from Defendants, no responses have ever been served. Plaintiffs argue that in a last effort, Plaintiffs voluntarily, without request, extended the time to respond, up and including February 1, 2020. (Shaffer Decl., Exh. 2.) Plaintiffs assert that the time for Defendants to serve a timely response expired on February 1, 2020 and no response has been served to date. (Shaffer Decl. ¶ 2.)
The Court finds that Plaintiffs properly served their Request for Admissions, Set One on Defendants, the time to respond has expired, and Defendants have failed to provide timely responses and have failed to oppose the motion.
Based on the foregoing, Plaintiffs’ motions to deem Requests for Admissions, Set One admitted are GRANTED.
Sanctions
Pursuant to Code of Civil Procedure section 2033.280(c), “[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.”
Plaintiff seeks $1,000.00 in sanctions against Defendants and their counsel of record, $500 per motion, consisting of 1 hour preparing the moving papers billed at a rate of $500 per hour.
The Court finds that amount of sanctions sought is excessive and therefore unreasonable. Plaintiffs have failed to justify the reasonableness of their attorney’s hourly rate. Accordingly, the Court awards reduced sanctions in the amount of $600, $300 per motion consisting of 1 hour preparing the moving papers billed at a rate of $300 per hour.
Conclusion
Plaintiffs’ motions to deem Requests for Admissions, Set One admitted are GRANTED. Defendants and their counsel of record are ordered to pay monetary sanctions in the amount of $600 to Plaintiffs within thirty (30) days.
The parties are strongly encouraged to attend all scheduled hearings by telephone or CourtCall. All social distancing protocols will be observed at the Courthouse and in the courtrooms.
Moving parties to give notice.