Case Number: BC519048    Hearing Date: August 04, 2014    Dept: 92

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

DAVID ANTONIO,
Plaintiff(s),
vs.
RANDAL COOK, et al.,
Defendant(s).

Case No.: BC519048

[TENTATIVE] ORDER GRANTING DEFENDANTS’ MOTION TO DEEM RFAS ADMITTED

Dept. 92
1:30 p.m. — #26
August 4, 2014

Defendants’ Motion to Deem RFAs Admitted is Granted. Plaintiff is ordered to pay sanctions to Defendants, by and through counsel of record, in the amount of $830.

Defendants propounded requests for admissions, set one on Plaintiff on 12/11/13. Plaintiff, at the time, was represented by Counsel. Plaintiff, through Counsel, served responses on Defendants on 1/31/14. Defense Counsel attempted to meet and confer with Plaintiff’s Counsel in connection with the responses; Plaintiff’s Counsel did not respond, and shortly thereafter Plaintiff substituted into the action in pro per, and former counsel substituted out.

On 4/23/14, the Court held an IDC in connection with the RFAs and other discovery. Defendants gave notice to Plaintiff, in pro per, of the IDC. Plaintiff failed, however, to appear at the IDC. On 5/30/14, the Court ordered Plaintiff to serve supplemental responses to RFAs, set one. To date, Plaintiff has not done so.

At this time, Defendants move to deem RFAs, set one, admitted. Per CCP §2033.290(e), if the Court orders a party to serve supplemental responses to RFAs, and the party fails to do so, an order deeming the RFAs admitted is proper. The motion is therefore granted.

Defendants also served RFAs, set two, on Plaintiff on 4/25/14. To date, Plaintiff has not served any responses to these RFAs. Defendants therefore move to have the second set of RFAs deemed admitted as well. The motion is granted. §2033.280(b), (c).

Defendants seek sanctions in connection with their motion. The request is granted, but the amount is reduced. Defense Counsel declares she bills at the reasonable rate of $140/hour. She fully details her requests for fees, and the Court finds all requests are reasonable; the sole exception is the request for $140/motion to file a reply. Plaintiff did not file an opposition, and therefore no reply was necessary. Defendants seek to recover $970 in connection with the motion; the Court reduces this amount by $140, and therefore awards $830 in sanctions.

Dated this 4th day of August, 2014

Hon. Elia Weinbach
Judge of the Superior Court