Case Number: BC691385 Hearing Date: September 19, 2019 Dept: 4B

[TENTATIVE] ORDER RE: PLAINTIFF’S MOTIONS TO DEEM RFAS ADMITTED

Plaintiff Ok Moon Na (“Plaintiff”) seeks an order establishing the documents attached to her first sets of requests for admission (“RFAs”) to Defendants Myung Hye Kim and Yong Tae Kim are genuine and deeming the matters specified in the RFAs admitted.

On March 21, 2019, Plaintiff served the RFAs on Defendant. Defendant did not serve a response.

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 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 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 Civ. Proc., § 2033.280, subd. (c).)

Defendants failed to respond to the RFAs and did not oppose Plaintiff’s Motions. The Motions are therefore GRANTED, the documents attached to the RFAs are deemed genuine, and the matters specified in the RFAs are deemed admitted.

Where a party fails to provide a timely response to requests for admission, “[i]t 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.” (Code Civ. Proc., § 2033.280, subd. (c).) The Requests for sanctions are GRANTED. Sanctions are imposed in the amount of $460.00 against Myung Hye Kim and defense counsel, jointly and severally, to be paid within 20 days of the date of this order. Sanctions are imposed in the amount of $460.00 against Yong Tae Kim and defense counsel, jointly and severally, to be paid within 20 days of the date of this order.

Moving party to give notice.