Case Number: BC691563 Hearing Date: January 24, 2019 Dept: 4A

Motion for Order to Deem Requests for Admissions Admitted

The court considered the moving and opposing papers.

On January 24, 2018, Plaintiff Marlene Kay Brause filed a complaint against Defendant Timothy Reed for negligence and intentional tort for injuries she allegedly sustained in a motor vehicle accident where Defendant was driving under the influence.

Plaintiff requests that the Court deem admitted Defendant’s responses to Plaintiff’s requests for admissions, set one. On January 2, 2019, Defendant served an objection to the date of the hearing, as it was initially noticed for January 24, 2018. On January 4, 2019, Defendant filed an opposition. Plaintiff later served a notice of errata clarifying the date as January 24, 2019.

Legal Standard

Pursuant to CCP § 2033.280(b), a 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. The court “shall” grant the motion to deem RFA 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.” CCP § 2033.280(c).

Discussion

On October 29, 2018, Plaintiff served, by mail. Request for Admissions, Set One on Defendant (along with Form Interrogatories, Set Two). Yehoshua Decl. ¶ 3, Ex. A. Defendant’s responses were due on December 3, 2018, but none were received. Id., ¶ 4. Counsel for Plaintiff sent a letter regarding the outstanding discovery on December 6, 2018, Id. ¶ 5.

Defendant’s counsel now represents that he provided full and complete responses to the admissions and interrogatories on January 3, 2019. Wucetich Decl., ¶¶ 5-6. Counsel further declares that he attempted to schedule an extension with Plaintiff’s counsel numerous times, but Plaintiff’s counsel never returned his calls. Id., ¶ 4.

The Court finds that Defendant has complied with the discovery obligation before the hearing. Therefore, the motion to deem admitted is moot.

However, sanctions are mandatory and the Court has no discretion to deny sanctions for a motion to deem admitted. CCP § 2033.280(c). Plaintiff requests $1,680.00 in sanctions against Defendant and his attorney of record. The Court finds this unreasonably high. The Court will award sanctions in the reduced total of $510.00, inclusive of costs, against Defendant and his attorney of record jointly and severally.

Moving party to give notice.