Stanley Sheets vs. State of California

Nature of Proceeding: Motion to Deem Matters Admitted

Filed By: Rouse, Raymond

Defendants’ Motion for Order that Requests for Admissions Be Deemed Admitted
against Plaintiff Stanley Sheets is GRANTED. The request for imposition of sanctions
is also GRANTED. Code of Civil Procedure section 2033.280.

On March 13, 2014, defendants served plaintiff, by regular mail, with their first set of
requests for admission. Plaintiff’s responses were due to be served on April 17, 2014.
(See Code Civ. Proc., § 2033.250, subd. (a),) Plaintiff failed to serve defendants with
any response. In addition, plaintiff has not requested an extension of time to respond,
nor moved the court for an extension.

Although not required, on April 24, 2014, moving parties’ counsel sent a meet and
confer letter to counsel for the plaintiff. Plaintiff’s counsel failed to respond to that
letter.

Plaintiff’s counsel filed a late opposition to this motion, only three Court days prior to
the hearing. The Court has nonetheless considered that belated opposition.

In the late-filed opposition (June 2), Counsel for plaintiff asserts that his client, who is
incarcerated, was transferred from Sacramento to Soledad, and he does not believe
his client has received his legal mail. He declares that on an unspecified date he
attempted to obtain visiting clearance to meet with his client but was informed that it
would take 10 days (from the unspecified date) to obtain clearance.

The Court cannot find on the record before it that counsel for plaintiff has been diligent
in attempting to obtain the required information in response to the Requests for
Admission. No request for an extension of time was ever made of counsel for the
moving party, nor motion made to the court requesting an extension [CCP sec.
2033.250(a)]. In the absence of any such motion, the Court declines to grant opposing
party additional time in which to respond. The court recognizes plaintiff’s request for
relief in the opposition papers, relief which can only be sought “on motion”, not in
opposition to a motion.

The Court is required to make this order deeming the requests for admissions
admitted, unless Stanley Sheets serves on counsel for defendants and files with
the court, before the hearing on the motion, his verified responses to the
requests for admission, without objections.

Sanctions in the amount of $910.00 (representing five hours of attorney’s fees at
$170/hr. and the $60 filing fee) shall be paid by plaintiff to counsel for moving party not
later than Monday, July 7, 2014. Code Civil Procedure section 2033.280(c). If
sanctions are not paid by the due date, prevailing party may submit a formal order for
enforcement purposes. Newland v Superior Court (1995) 40 Cal.App.4th 608, 610.

This minute order is effective immediately. No formal order nor further notice is
required, the tentative ruling providing sufficient notice.