Case Number: BC666928 Hearing Date: April 24, 2018 Dept: 7

ORDER RE: PLAINTIFF’S MOTION TO DEEM MATTERS ADMITTED AND TO IMPOSE MONETARY SANCTIONS; MOTION GRANTED

On July 6, 2017, Plaintiff Hai Qing Chen (“Plaintiff”) filed this action against Defendant Manuel Mata Jr. (“Defendant”) for motor vehicle and general negligence relating to a July 14, 2016 automobile accident. On December 4, 2017, Plaintiff served Request for Admissions, Set One on Defendant. (Declaration of Aihui Su, ¶ 2; Exh. A.) Defendant did not serve timely responses (Su Decl., ¶¶ 3, 4) and Plaintiff moves to deem admitted requests for admission and to impose monetary sanctions.

Where a party fails to timely respond to a request for admission, the propounding party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted. (Code of Civ. Proc., § 2033.280, subd. (b).) The party who failed to respond waives any objections to the demand, unless the court grants them relief from the waiver, upon a showing that the party (1) has subsequently served a substantially compliant response, and (2) that the party’s failure to respond was the result of mistake, inadvertence, or excusable neglect. (Code of Civ. Proc., § 2033.280, subds. (a)(1)-(2).)

The court shall grant a motion to deem admitted requests for admissions, “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.” (Code of Civ. Proc., § 2033.280, subd. (c).)

Defense counsel avers he has had difficulty locating Defendant and has hired a private investigator to locate his client and respond to discovery. (Declaration of W. Brennan Quigley, ¶¶ 3-9.) Counsel states he was unaware the instant motion had been filed, but on April 10, 2018, served Defendant’s responses to RFAs, consisting of objections. (Quigley Decl., ¶ 13.)

However, defense counsel did not attach a copy of the responses served on Plaintiff, such that the Court can determine if they were in substantial compliance with Section 2033. Further, by failing to timely respond to the RFAs, Defendant waived any objections. (Code of Civ. Proc., § 2033.280, subd. (b).) Relief from such waiver may only be granted where Defendant served responses in substantial compliance with Sections 2033.210, 2033.220, and 2033.230, and the party’s failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect. Defense counsel has not shown the failure to timely serve responses was the result of mistake, inadvertence, or excusable neglect.

The Court shall make an order deeming admitted RFAs, unless the party to whom the RFAs were directed, before the hearing on the motion, submits a proposed response in substantial compliance with Section 2033.220. (Code of Civ. Proc., § 2033.280, subd. (c).) Section 2033.220 requires the responding party to set forth straightforward answers, admitting so much of the matter involved as true, denying so much of the matter as untrue, or specifying so much of the matter involved as to the truth of which the responding party lacks sufficient information or knowledge. (Code of Civ. Proc., § 2033.220, subd. (a).)

Therefore, defense counsel has not met the requirements for relief of waiver under Section 2033.280, subdivision (a), and has not submitted responses in substantial compliance with Section 2033.220, subdivision (c).

The Motion to deem admitted is GRANTED unless defense counsel appears at the hearing and prior to the hearing presents proof that proposed responses in substantial compliance with Section 2033.220 have been served or will be served prior to the hearing.

“It is mandatory that the court impose a monetary sanction . . . on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.” (Code of Civ. Proc., § 2033.280, subd. (c).) The Court imposes monetary sanctions against Defendant and counsel of record, jointly and severally, in the amount of $660.00 for two hours to prepare the motion and appear at the hearing, at Plaintiff’s counsel’s rate of $300.00 per hour and the $60.00 filing fee. This monetary sanction is to be paid within twenty (20) days of the date of this Order.

Moving party to give notice.