Lawzilla Additional Information:
Per the Los Angeles court records defendant is represented by attorney Ronald Zurek of Wesierski & Zurek. Update: It is Lawzilla’s understanding before the final hearing responses were provided and the judge ruled the motion was denied as moot but sanctions were still imposed.

Case Number: BC656863 Hearing Date: June 04, 2018 Dept: 7

[TENTATIVE] ORDER RE: PLAINTIFFS’ MOTION FOR ORDER DEEMING ADMITTED REQUESTS FOR ADMISSION AND IMPOSING MONETARY SANCTIONS; MOTION GRANTED

On April 5, 2017, Plaintiffs Robert A. Gibb and Misha Millsap (collectively, “Plaintiffs”) filed this action against Defendant Leonard H. Fenton (“Defendant”) for general and motor vehicle negligence relating to a November 4, 2015 automobile collision. On February 23, 2018, Plaintiffs served Requests for Admissions, Set One on Defendant. (Declaration of Kevin S. Conlogue, ¶ 4.) Defendant failed to serve timely responses and Plaintiffs seek an order deeming admitted requests for admissions and monetary sanctions. (Conlogue Decl., ¶ 5.)

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).)

Defendant filed no opposition to this Motion and it is undisputed Defendant failed to serve timely responses to Plaintiff’s Request for Admissions. It does not appear Defendant served any proposed responses in substantial compliance prior to this hearing. Accordingly, the Motion to deem admitted requests for admissions is GRANTED.

“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).) Monetary sanctions are GRANTED and imposed against Defendant and counsel of record, jointly and severally, in the amount of $735.00 for 1.5 hours preparing this unopposed Motion and attending the hearing at counsel’s rate of $450.00 per hour and the $60.00 filing fee. This monetary sanction shall be paid within twenty (20) days of the date of this Order.

Moving party to give notice.