Case Number: 19STCV06540 Hearing Date: October 31, 2019 Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

STATE FARM MUTUAL AUTOMOBILE INS. CO.,

Plaintiff(s),

vs.

LARRY WASHINGTON, JR., ET AL.,

Defendant(s).

CASE NO: 19STCV06540

[TENTATIVE] ORDER GRANTING DEFENDANT’S MOTION TO SET ASIDE ADMISSIONS; IMPOSING SANCTIONS

Dept. 3

1:30 p.m.

October 31, 2019

1. Background Facts

Plaintiff, State Farm Mutual Automobile Ins. Co. filed this action against Defendant, Larry Washington, Jr. for subrogation arising out of an automobile accident between Plaintiff’s insured and Defendant.

Plaintiff filed the complaint on 2/26/19. Defendant, in pro per, filed an answer on 3/22/19. Defendant filed a substitution of attorney on 6/26/19.

2. Motion to Deem RFAs Admitted

Plaintiff propounded RFAs, set one, on Defendant on 4/22/19. On 6/05/19, Defendant filed and served a motion to deem RFAs admitted. On 7/29/19, because Defendant had not served responses to the RFAs and had not opposed the motion, the Court granted Plaintiff’s motion to deem the RFAs admitted. The Court also imposed sanctions in the amount of $460.

3. Motion to Set Aside Order Deeming RFAs Admitted

a. Relief Sought

At this time, Defendant moves to set aside the order deeming the RFAs admitted.

b. Authority Governing Motion

The motion for relief is governed by CCP §2033.300, which provides:

(a) A party may withdraw or amend an admission made in response to a request for admission only on leave of court granted after notice to all parties.

(b) The court may permit withdrawal or amendment of an admission only if it determines that the admission was the result of mistake, inadvertence, or excusable neglect, and that the party who obtained the admission will not be substantially prejudiced in maintaining that party’s action or defense on the merits.

(c) The court may impose conditions on the granting of the motion that are just, including, but not limited to, the following:

(1) An order that the party who obtained the admission be permitted to pursue additional discovery related to the matter involved in the withdrawn or amended admission.

(2) An order that the costs of any additional discovery be borne in whole or in part by the party withdrawing or amending the admission.

New Albertsons, Inc. v. Superior Court (2008) 168 Cal.App.4th 1403, 14187 makes clear that the law favors relief, and that relief must be granted unless it is clear that the mistake, inadvertence, or neglect was inexcusable as a matter of law.

c. Analysis

Defendant declares that he never received the RFAs or the motion to deem the RFAs admitted. Defense Counsel substituted into the action AFTER Plaintiff filed the motion, but Defense Counsel had already been engaged to represent Defendant PRIOR to Plaintiff filing the motion, and did not check the online system between the time of engagement and the time of formal substitution.

Plaintiff correctly notes that both of the foregoing is suspect, as the RFAs and motion were served on Defendant at the same address where he received the summons and complaint. Additionally, Defense Counsel should have checked the online system upon substituting into the action. Notably, the attorneys for each side disagree concerning whether there were attempts to communicate and check the status of the case between formal substitution and the hearing on the motion.

Regardless of the foregoing, in light of the standard governing motions to vacate admissions, and because Plaintiff rushed to serve Defendant, in pro per, with RFAs prior to Defendant engaging an attorney, the Court finds it is in the interest to set aside the order deeming the RFAs admitted. The order is extremely prejudicial to Defendant, and there is no prejudice to Plaintiff if the RFAs are set aside.

Plaintiff asks for sanctions in the amount of $400 in the event the motion is granted. The request for sanctions is granted. Defendant and his attorney of record, jointly and severally, are ordered to pay sanctions to Plaintiff, by and through its attorney of record, in the amount of $400, within twenty days. This is in addition to the previously imposed sanctions, which are NOT vacated by way of this ruling.

To the extent Defendant has not done so, Defendant is ordered to serve responses to the RFAs within ten days.

Defendant is ordered to give notice.