Case Number: 18STCV10187 Hearing Date: March 10, 2020 Dept: 31

MOTION TO DEEM REQUESTS FOR ADMISSIONS ADMITTED.

Background

On December 31, 2018, Plaintiffs Julian Garcia (“Julian”), Erika Mendoza (“Erica”), Xavier Garcia (“Xavier”), Alexander Garcia (“Alexander”), and Brianna Mendoza (“Brianna”) filed the instant action against Defendants Heartland Express, Inc. of Iowa (erroneously sued and served as Heartland Express, Inc.; Heartland Express Services, Inc.; and Heartland Express Maintenance Services, Inc.); A & M Express, Inc.; Sankie Lee Henderson; Jose Reyes Gutierrez Moreno; and Does 1 through 50. The Complaint asserts causes of action for:

Motor Vehicle Negligence, Negligent Entrustment, Negligent Hiring, Negligent Undertaking, Negligent Retention, Negligent Supervision, and Negligent Training; and

Negligence Per Se.

Defendant Heartland Express, Inc. of Iowa (hereinafter referred to as “Defendant”) seeks an order deeming the Requests for Admission, Set One served on Plaintiffs Julian, Erica, Xavier, Garcia, and Brianna (hereinafter collectively referred to as “Plaintiffs”) admitted.

Legal Standard

Code of Civil Procedure section 2033.280 provides in relevant part:

If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply:

(a) The party to whom the requests for admission are directed waives any objection to the requests, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010). . . .

(b) The 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 under Chapter 7 (commencing with Section 2023.010).

(c) The court shall make this order, 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. It is mandatory that the court impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.

(Code Civ. Proc., § 2033.280(a)-(c).)

Discussion

Defendant moves for an order deeming the Requests for Admission served on Plaintiffs admitted. Defendant argues that on November 13, 2019, it served Requests for Admission, Set One on Plaintiffs. (Fabrega Decl., Exh. A.) Defendant asserts that responses were due on December 18, 2019 and that as of the date of filing of the motion, January 17, 2020, Plaintiffs have failed to provide responses to Defendant’s Requests for Admission, Set One.

The Court finds that Defendant properly served its Requests for Admission on each Plaintiff, the time to respond has expired, and Plaintiffs have failed to provide a timely response.

Based on the foregoing, Defendant’s motions to deem Requests for Admission admitted are GRANTED.

Sanctions

Pursuant to Code of Civil Procedure section 2033.280(c), “[i]t is mandatory that the court impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.”

Defendant seeks sanctions against Plaintiffs and their counsel of record, Law Offices of Bob B. Khakshooy, in the amount of $3,500.00, $460.00 per motion for 4 motions, consisting of 2 hours spent preparing the moving papers billed at a rate of $200 per hour plus the $60 filing fee and $1,660.00 for the motion related to Plaintiff Julian consisting of 2 hours spent drafting the moving papers, an anticipated 2 hours reviewing an opposition and preparing a reply, and an anticipated 4 hours spent traveling to and appearing for the motion billed at a rate of $200 per hour plus the $60 filing fee.

The Court finds that the amount of sanctions requested is excessive given the relative simplicity of the motions and the lack of oppositions. The Court thus awards reduced sanctions in the amount of $1,800.00, $260 per motion consisting of 1 hour spent preparing the moving papers and the $60 filing fee, plus an additional 1 hour spent attending the hearing.

Conclusion

Defendant’s motions to deem Requests for Admission admitted are GRANTED. Plaintiffs and their counsel of record, Law Offices of Bob B. Khakshooy, are ordered to pay monetary sanctions in the amount of $1,800.00 to Defendant within thirty (30) days.

Moving party to give notice.