Case Number: 19STLC05373 Hearing Date: February 19, 2020 Dept: 26

State Farm v. Washington, et al.

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED

(CCP § 2033.280)

TENTATIVE RULING:

Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Deem Requests for Admission Admitted Against Defendant Sandlin Aderian Nicole is GRANTEDs. DEFENDANT SANDLIN ADERIAN NICOLE AND COUNSEL OF RECORD, JOINTLY AND SEVERALLY, ARE TO PAY SANCTIONS OF $460.00 TO PLAINTIFF’S COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.

ANALYSIS:

On August 9, 2019, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) served Requests for Admissions on Defendant Sandlin Aderian Nicole (“Defendant Nicole”). (Motion, Pleasant Decl., Exh. A.) Despite providing multiple extensions of the time to serve responses, to date, Plaintiff has not received any discovery responses to the discovery requests propounded on Defendant Nicole. (Id. at p. 1:26-28.) As a result, Plaintiff filed the instant Motion to Deem the Truth of Matters Specified in Requests for Admissions to Defendant as Admitted and for Monetary Sanctions (the “Motion”) on December 20, 2019. To date, no opposition has been filed.

Defendant Nicole has not provided verified responses to the discovery propounded by Plaintiff nor filed an opposition to the motion. There is no requirement for a prior meet and confer effort before a motion to deem requests for admission can be filed. Further, the motion can be brought any time after the responding party fails to provide the responses.

The Court finds the failure to respond a misuse of the discovery process. Sanctions are appropriate under Code of Civil Procedure sections 2023.010, 2023.030 and 2033.280, and have been properly noticed. Sanctions are granted jointly and severally against Defendant Nicole and counsel of record in the amount of $460.00, based on two hours of attorney time billed at $200.00 per hour, plus the $60.00 filing fee. (Id. at p. 2:7-10.)

Based on the foregoing, Plaintiff’s Motion to Deem Requests for Admission Admitted Against Defendant Sandlin Aderian Nicole is GRANTED. DEFENDANT SANDLIN ADERIAN NICOLE AND COUNSEL OF RECORD, JOINTLY AND SEVERALLY, ARE TO PAY SANCTIONS OF $460.00 TO PLAINTIFF’S COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.

Moving party to give notice.