Case Number: KC069071 Hearing Date: September 10, 2019 Dept: O

Plaintiff Lepe’s motion for order deeming admitted truth of facts is GRANTED. Sanctions awarded to Plaintiff in the adjusted reasonable amount of $300.00.

Plaintiff Felimone Lepe (“Plaintiff”) moves for an order deeming request for admission no. 21, propounded on Defendant Farzad Fazili (“Defendant”), admitted pursuant to CCP § 2033.280.

CCP §§ 2033.280(b) and (c) allow the propounding party to file a motion requesting that the truth of any matters specified in the request for admissions be deemed admitted unless the party to whom the requests have been directed has served before the hearing a proposed response that is in substantial compliance.

On May 15, 2019, Plaintiff served its Reqeust for Admission – Truth of Facts, Set one; and Requests for Admission – Genuineness of Documents, Set one. (Lucente Decl., ¶¶ 2-4, Ex. A-B.) On May 22, 2019, Defendant’s counsel acknowledged receipt of the discovery requests, and asked for a two-week extension for responses, which Plaintiff’s counsel granted. (Id. at ¶¶ 8-10, Ex. C.) The deadline to respond, therefore, was July 3, 2019. (Id. at ¶ 11.) Defendant nor his counsels have requested additional time in which to provide responses, nor have they served Plaintiff with any responses to the subject discovery. (Id. at ¶ 11.) The court also notes that this is the second time this motion has been brought, and the court did not receive an opposition from Defendant either times; presumably, Plaintiff still has not received responses from Defendant either.

This motion, then, is granted. Sanctions are awarded in the adjusted reasonable sum of $300.00.