2018-00230514-CU-OE

Tashalida Richardson vs. Lynne Shelton

Nature of Proceeding: Motion to Deem Matters Admitted (Frannet of Northern California)

Filed By: Williams, Betty J.

Plaintiff’s motion to deem admitted those matters specified in plaintiff’s requests for admissions to defendant Frannet of Northern California is DENIED because plaintiff concedes defendant has served before the hearing on this motion responses to the requests for admissions which are in substantial compliance with Code of Civil Procedure §2033.220. (Code Civ. Proc. §2033.280(c).) (Although the opposition indicates defendant’s responses to the requests for admissions “are being filed [sic] concurrently with this Opposition,” none appear in the court’s file and none are attached to the opposition.)

The opposition to this motion was not timely filed but it was nevertheless considered.

Plaintiffs’ electronic service of the moving papers on 7/17/2018 did not give 16 court days plus 2 court days’ notice as required by Code of Civil Procedure §1005(b) and §1010.6(a)(4)(B). (Code Civ. Proc. §12c.) This defective service of notice ordinarily would deprive the court of jurisdiction to consider this matter (Lee v. Placer Title Co. (1994) 28 Cal.App.4th 503, 509-511) but defendant’s failure to timely raise an

objection to the defective notice is deemed a waiver of same.

Plaintiff’s request for over $2,000 in monetary sanctions is unreasonably excessive but plaintiff is nevertheless awarded mandatory monetary sanctions under Code of Civil Procedure §2033.280(c) in the amount of $310, representing one hour of attorney time at a reasonable hourly rate of $250 plus the $60 filing fee. Sanctions to be paid by defendant no later than 9/14/2018 and if not paid by that date, plaintiff may prepare for the court’s signature a formal order granting the sanctions, which may then be enforced as a separate judgment. (Newland v. Superior Court (1995) 40 Cal.App.4th 608, 615.)

This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC Rule 3.1312.)

Item 8 2018-00230514-CU-OE

Tashalida Richardson vs. Lynne Shelton

Nature of Proceeding: Motion to Deem Matters Admitted (Lynne Shelton)

Filed By: Williams, Betty J.

Plaintiff’s motion to deem admitted those matters specified in plaintiff’s requests for admissions to defendant Lynne Shelton is DENIED because plaintiff concedes defendant has served before the hearing on this motion responses to the requests for admissions which are in substantial compliance with Code of Civil Procedure §2033.220. (Code Civ. Proc. §2033.280(c).) (Although the opposition indicates defendant’s responses to the requests for admissions “are being filed [sic] concurrently with this Opposition,” none appear in the court’s file and none are attached to the opposition.)

The opposition to this motion was not timely filed but it was nevertheless considered.

Plaintiffs’ electronic service of the moving papers on 7/17/2018 did not give 16 court days plus 2 court days’ notice as required by Code of Civil Procedure §1005(b) and §1010.6(a)(4)(B). (Code Civ. Proc. §12c.) This defective service of notice ordinarily would deprive the court of jurisdiction to consider this matter (Lee v. Placer Title Co. (1994) 28 Cal.App.4th 503, 509-511) but defendant’s failure to timely raise an objection to the defective notice is deemed a waiver of same.

Plaintiff’s request for over $2,000 in monetary sanctions is unreasonably excessive but plaintiff is nevertheless awarded mandatory monetary sanctions under Code of Civil Procedure §2033.280(c) in the amount of $310, representing one hour of attorney time at a reasonable hourly rate of $250 plus the $60 filing fee. Sanctions to be paid by defendant no later than 9/14/2018 and if not paid by that date, plaintiff may prepare for the court’s signature a formal order granting the sanctions, which may then be enforced as a separate judgment. (Newland v. Superior Court (1995) 40 Cal.App.4th 608, 615.)

This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC Rule 3.1312.)

Item 9 2018-00230514-CU-OE

Tashalida Richardson vs. Lynne Shelton

Nature of Proceeding: Motion to Deem Matters Admitted (Shelton Law & Associates)

Filed By: Williams, Betty J.

Plaintiff’s motion to deem admitted those matters specified in plaintiff’s requests for admissions to defendant Shelton Law Associates is DENIED because plaintiff concedes defendant has served before the hearing on this motion responses to the requests for admissions which are in substantial compliance with Code of Civil Procedure §2033.220. (Code Civ. Proc. §2033.280(c).) (Although the opposition indicates defendant’s responses to the requests for admissions “are being filed [sic] concurrently with this Opposition,” none appear in the court’s file and none are attached to the opposition.)

The opposition to this motion was not timely filed but it was nevertheless considered.

Plaintiffs’ electronic service of the moving papers on 7/17/2018 did not give 16 court days plus 2 court days’ notice as required by Code of Civil Procedure §1005(b) and §1010.6(a)(4)(B). (Code Civ. Proc. §12c.) This defective service of notice ordinarily would deprive the court of jurisdiction to consider this matter (Lee v. Placer Title Co. (1994) 28 Cal.App.4th 503, 509-511) but defendant’s failure to timely raise an objection to the defective notice is deemed a waiver of same.

Plaintiff’s request for over $2,000 in monetary sanctions is unreasonably excessive but plaintiff is nevertheless awarded mandatory monetary sanctions under Code of Civil Procedure §2033.280(c) in the amount of $310, representing one hour of attorney time at a reasonable hourly rate of $250 plus the $60 filing fee. Sanctions to be paid by defendant no later than 9/14/2018 and if not paid by that date, plaintiff may prepare for the court’s signature a formal order granting the sanctions, which may then be enforced as a separate judgment. (Newland v. Superior Court (1995) 40 Cal.App.4th 608, 615.)

This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC Rule 3.1312.)