Case Number: NC058108 Hearing Date: May 09, 2016 Dept: 93

SUPERIOR COURT OF CALIFORNIA
COUNTY OF LOS ANGELES, STANLEY MOSK COURTHOUSE
DEPARTMENT 93

KATHERINE MENDEZ,

Plaintiff(s),

v.

CREATIVE CUISINES, INC., ET AL.,

Defendant(s). Case No.: NC058108

Hearing Date: May 9, 2016

[TENTATIVE] ORDER RE:
MOTION OF DEFENDANT S.C. FISH GRILLE, LTD FOR AN ORDER DEEMING ADMITTED REQUESTS FOR ADMISSION, SET ONE; REQUEST FOR SANCTIONS

The Motion of defendant S.C. FISH GRILLE, LTD is GRANTED.

Sanctions are awarded against Plaintiff in the amount of $440 payable within 15 days of this notice.

BACKGROUND

This is a slip and fall case. Katherine Mendez (“Plaintiff”) filed a complaint on September 10, 2012 asserting a cause of action for Premises Liability against Creative Cuisines, Inc. and S.C. Fish Grille dba Khoury’s Restaurant (collectively “Defendants”). Plaintiff alleges that on March 17, 2012, Plaintiff fell and injured herself due to hazardous conditions on the property owned by Defendants at 110 Marina Dr., Long Beach, California.

This motion was filed on April 19, 2016. No opposition was filed.

LEGAL STANDARD
“If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply:

(a) The party to whom the requests for admission are directed waives any objection to the requests, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010). 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.

(b) The requesting 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, as well as for a monetary sanction under Chapter 7 (commencing with Section 2023.010).

(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 (commencing with Section 2023.010) on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.” CCP § 2033.280.

DISCUSSION

Defendant propounded Requests for Admission, Set One, on February 11, 2016. Responses were due on March 17, 2016.No responses have been received to date. Therefore, Plaintiff has failed to serve timely responses to the discovery and waived any objections.

Based on the foregoing, the motion to deem admitted the Requests for Admission, Set One, is GRANTED.

SANCTIONS

Defendant’s request for sanctions is GRANTED. Sanctions against an unsuccessful opposing party are mandatory pursuant to CCP § 2033.280(c). Defendant requests $1,675 for 3.5 hours spent drafting the motion as well as 5 hours analyzing the opposition, drafting a reply and attendance at the hearing at a rate of $190/Hr in addition to a $60 filing fee. The Court finds a more reasonable amount to be 1 hour to prepare the motion and 1 hour for attendance at the hearing plus the $60 filing fee for a total of $440, payable within 15 days of notice.

Dated: May 9, 2016

_______________________
Howard L. Halm
Judge, Los Angeles Superior Court