Case Number: 17STLC00781 Hearing Date: June 06, 2018 Dept: 94

Plaintiff State Farm Mutual Automobile Insurance Co.’s Motion to Deem the Truth of Matters Specified in Request for Admissions as Admitted is GRANTED. Plaintiff’s Request for Sanctions is DENIED.

On August 25, 2017, Plaintiff State Farm Mutual Automobile Insurance Co. (“Plaintiff”) filed this action against Defendant Steffani Healy (“Defendant”). On April 12, 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”). On June 1, 2018, Defendant filed an opposition.

Defendant’s Late-Filed Opposition

CCP § 1005(c) provides in pertinent part: “[a]ll papers opposing a motion so noticed shall be filed with the court and a copy served on each party at least nine court days . . . . [A]ll papers opposing a motion and all reply papers shall be served by personal delivery, facsimile transmission, express mail, or other means consistent with Sections 1010, 1011, 1012, and 1013, and reasonably calculated to ensure delivery to the other party or parties not later than the close of the next business day after the time the opposing papers or reply papers, as applicable, are filed.” (Emphasis added.)

Discussion

On December 29, 2017, Plaintiff served a Request for Admissions on Defendant. (Louro Decl. p. 1, Exh. A.) Defendant did not serve verified responses until June 1, 2018.

Because Defendant failed to serve timely, verified response to Plaintiff’s Request for Admissions, the Motion is GRANTED. Pursuant to CCP § 2033.280, the truth of the matters specified in Plaintiff’s Request for Admissions to Defendant is hereby deemed admitted.

“A notice of motion must state in the opening paragraph the nature of the order being sought and the grounds for issuance of the order.” (CRC 3.1110(a).) “A request for a sanction shall, in the notice of motion, identify every person, party, and attorney against whom the sanction is sought, and specify the type of sanction sought. The notice of motion shall be supported by a memorandum of points and authorities, and accompanied by a declaration setting forth facts supporting the amount of any monetary sanction sought.” (CCP § 2023.040.)

Plaintiff requests monetary sanctions in the amount of $260. (Notice of Motion.) The Court notes, however, that the Notice of Motion fails to state the factual and legal grounds for the monetary sanctions as required by CRC 3.1110(a) and CCP § 2023.040. Accordingly, Plaintiff’s request for monetary sanctions is DENIED.

Moving party to give notice.