Case Number: 19STCV10464 Hearing Date: November 12, 2019 Dept: 61

Defendants and Cross-Complainants Jose Garcia, Fernando Covarrubias, and Oliver Arellano’s Motion to Deem Requests for Admission, Set One to Plaintiffs and Cross-Defendants Dawn Downs and Jeff T. Grange Admitted is GRANTED. The court awards sanctions against Plaintiffs and their counsel in the amount of $1,275.

“Any party may obtain discovery . . . by a written request that any other party to the action admit the genuineness of specified documents, or the truth of specified matters of fact, opinion relating to fact, or application of law to fact. A request for admission may relate to a matter that is in controversy between the parties.” (Code Civ. Proc., § 2033.010.) If a party fails to serve a timely response to requests for admissions, “[t]he 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” (Code Civ. Proc., § 2033.280 subd. (b).)

Defendants served Requests for Admission Set One on Dawn Downs and Jeff T. Grange on August 27, 2019, and responses were due as of October 2, 2019, yet no responses have been served. (Shaneyfelt Decl. ¶¶ 2–6.)

If Downs and Grange fail to provide responses by the hearing on this motion, the motion to deem matters admitted will be GRANTED.

The prevailing party on a motion to compel is generally entitled to monetary sanctions, unless the court “finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” (Code Civ. Proc. §§ 2030.290, 2031.300.) Sanctions are also mandatory against a party whose failure to serve responses to requests for admission makes the motion necessary. (Code Civ. Proc. § 2033.280, subd. (c).)

Defendants ask for $2,125.00 in sanctions, representing five hours of work at $425 per hour. (Shaneyfelt Decl. ¶¶ 7–9.) This includes two hours preparing a reply to an opposition which was never filed, leading to a total maximum sanctions award of $1,275.00.

The court awards sanctions against Plaintiffs and their counsel in the amount of $1,275.

Defendants to provide notice.