2016-00204050-CU-PO

Shelisa Kay Turner vs. Servicemaster Advange

Nature of Proceeding: Motion to Deem Matters Admitted

Filed By: De Zela, Julian Pardo

** If any party requests oral argument, then at the time the request is made, the requesting party shall inform the court and opposing counsel of the specific discovery request(s) or issue(s) on which oral argument is sought. **

The motion of Defendant Franock Enterprises, Inc. dba Servicemaster Advantage (Franock) to have its first set of requests for admissions deemed admitted is DENIED; monetary sanctions GRANTED.

Franock’s request for judicial notice of court documents is GRANTED.

Plaintiff Shelisa Kay Turner (Turner) did not respond timely to the requests. Franock filed this motion, and Turner did not timely oppose. The court treated the motion as unopposed and on 11/27/17 posted a tentative ruling deeming the requests admitted. Although Turner did not request oral argument pursuant to Local Rule 1.06, she appeared in this department at 9:00AM on 11/28/17, the original hearing date. Franock’s counsel was not present, so the court continued the hearing to 12/14/17.

On 12/12/17, Turner filed a “Response” to the motion and attached responses to Franock’s requests for admissions. The court continued the hearing to 1/03/18 and allowed Franock to file a reply. The court received Franock’s reply papers on 12/15/17 and 12/18/17.

The motion is denied because Turner’s responses substantially comply with CCP § 2033.220. (See CCP § 2033.280.) The court rejects Franock’s various arguments that the original tentative ruling should become the court’s order. If Franock contends that Turner’s responses remain deficient in any respect, then it may move to compel further responses pursuant to CCP § 2033.290.

The court rejects Turner’s argument that the moving papers were not properly served. Her argument that Franock was required to meet and confer before filing the motion also lacks merit.

Pursuant to CCP § 2033.280(c), the court imposes a mandatory monetary sanction against Turner in the amount of $700 (3.5 hrs @ reasonable rate of $200/hr). Although the court originally imposed a $300 sanction, Turner’s belated response to the motion and unannounced appearance at oral argument required Franock to incur additional fees.

Turner shall pay the sanction no later than Feb. 5, 2018. If Turner fails to pay the sanction by such date, then Franock may lodge for the court’s signature a formal order awarding sanctions, which may be enforced as a separate judgment. (See Newland v. Superior Court (1995) 40 Cal.App.4th 608, 615.)