Defendant Serena D. Whyte’s unopposed motion to deem facts admitted in response to her requests for admission propounded on Plaintiff Marycarmen Zelaya De Gonzalez is granted.
Defendant propounded requests for admission on Plaintiff on January 21, 2021. Plaintiff’s responses were due by February 25, 2021. She failed to serve responses. Defendant sent her a meet and confer letter on March 1, 2021. As of the time the motion was filed, no responses had been served. (Grandy Decl., at ¶¶ 2-4.)
Unless Plaintiff serves Code-compliant responses to the requests for admission, set one, prior to this hearing, the truth of the matters specified in Defendant’s requests for admission, set one, are deemed admitted. (Code Civ. Proc., § 2033.280, subd. (c) [the court shall deem the matters admitted “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”]; see also St. Mary v. Superior Court (2014) 223 Cal.App.4th 762, 782 [actual compliance not required where the proposed response is facially a good-faith effort to respond to requests for admission in a manner that is substantially code-compliant].)
The Court imposes monetary sanctions against Plaintiff in the amount of $460. Within 30 days, Plaintiff shall pay $460 to Cullins & Grandy LLP. (Code Civ. Proc., § 2033.280, subd. (c).)
Defendant shall give notice of the ruling.