Case Number: BC679792 Hearing Date: May 02, 2019 Dept: 2

Plaintiff’s Motion to have Request for Admissions, Set One, Deemed Admitted Against Defendant Estate of Edward Habib, Deceased is GRANTED. Sanctions are awarded in the sum of $497.50.

Plaintiff Ernesto Rios Barrios (“Plaintiff”) filed the instant suit against Defendants Edward Habib, Andrew Kazmer, Kenneth Kazmer, and Does 1 through 50 alleging two causes of action for negligence and negligence per se.

On July 20, 2018, Plaintiff substituted Defendant Estate of Edward Habib, Deceased for Doe 1.

On February 28, 2019, Plaintiff filed the instant motion to deem request for admissions, set one, admitted against Defendant Estate of Edward Habib, Deceased (“Defendant”). Defendant has not opposed.

Summary:

Plaintiff moves to deem request for admissions, set one, admitted against Defendant pursuant to 2033.280 based on Defendant’s failure to respond to the discovery request.

Analysis

Legal Standard

“If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply: (b) The requesting party may move for an order that the genuiness of any documents and the truth of any matters specified in the requests be deemed admitted…. The Court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied: (1) The party has subsequently served a response that is in substantial compliance with Sections 2033.210, 2033.220, and 2033.230. (2) the party’s failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect…. (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…on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.” (CCP § 2033.280.) No prior attempt to resolve the matter informally is required.

Deem Admitted

On January 10, 2019, Plaintiff served request for admission, set one (“RFA”) on Defendant. (Exh. 2.) Responses were due by February 14, 2019. As of the filing of the motion, discovery responses have not be received. (Conlogue Decl., ¶ 5.)

The Court finds that Plaintiff served requests for admission on Defendant, and Defendant failed to serve a timely responses.

Therefore, Plaintiff’s motion is GRANTED.

Sanctions

Sanctions are imposed against Defendant Estate of Edward Habib, Deceased, and Defendant’s counsel of record, John Paul Fuchs, Esq., in the amount of $497.50, for failure to respond to a discovery request without substantial justification. (Cal. Code civil Procedure § 2033.280) Such sanctions are payable within thirty (30) days.

Plaintiff is ordered to give notice.