2016-00197389-CU-OR

Antranick Harrentsian vs. Richard Hoffman

Nature of Proceeding: Motion to Deem Matters Admitted

Filed By: Harrentsian, Antranick

Plaintiff’s Motion for Order Deeming Requests for Admission Admitted as to defendant Dale Hoffman Hamad is unopposed but is denied.

The Court notes that defendant served responses to the requests after the motion was filed that substantially comply with CCP 2033.280(c). Although they were not required to be filed with the court, as they were, they were also served by mail on the plaintiff.

Pursuant to CCP 2033.280, the court may deem the requests for admission admitted unless responses that comply with CCP 2033.220 are served prior to the hearing. Since responses were served, the Court will not deem the requests admitted.

Failure to timely serve the responses necessitated this motion, therefore the plaintiff is entitled to reasonable sanctions other than attorneys fees. Pro se litigants who actually incur expenses for computer-assisted legal research, or photocopying, or transportation to and from court, or any other identifiable item, there is no reason those expenses cannot be recovered as discovery sanctions. Kravitz v. Superior Court (2001) 91 Cal. App. 4th 1015, 1021.

Plaintiff contends that he has incurred $15.00 for photocopying, $ 44.00 for transportation to and from court, and $40.00 for a proof of service [no evidence of this cost is seen]. In the absence of any supporting documentation re transportation costs and service of a motion by mail, the Court is awarding only the photocopying costs in the amount of $15.00, to be paid by defendant to plaintiff within thirty days of the date of this hearing. CCP 2033.280(c).