Motion to Deem Request for Admissions Admitted Set Two
24CV020517: JEFFERSON vs LAW OFFICES OF FRANK D PENNY A PROFESSIONAL CORPORATION, et al. 02/03/2026 Hearing on Motion to Deem Request for Admissions Admitted Set Two in Department 54
Tentative Ruling
Defendant Law Offices of Frank D. Pennys (Defendant) motion to deem matters admitted is ruled upon as follows.
Prior to the hearing on the motion, pro per Plaintiff Delma Jrmar Jefferson (Plaintiff) served response in substantial compliance with Code of Civil Procedure sections 2033.210, 2033.220, and 2033.230. Defendant does not dispute that the responses were in substantial compliance.
Accordingly, the motion to deem matters admitted is DENIED.
Defendants request for monetary sanction is GRANTED. Pursuant to Code of Civil Procedure section 2033.280(c), [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.
Plaintiff argues that sanctions should not be imposed because he acted with substantial justification and sanctions would be unjust. (Opposition, 6:11-13.) Code of Civil Procedure secton 2023.030(a), cited by Plaintiff, provides, in part, [t]o the extent authorized by the chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose the following sanctions against anyone engaging in conduct that is a misuse of the discovery process: (a) . . .
If a monetary sanction is authorized by any provision of this title, the court shall impose that sanction unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. It is a statute governing the discretionary award of sanctions. In the case at bar, monetary sanctions are authorized and were requested pursuant to Code of Civil Procedure section 2033.280(c) which provides for mandatory sanctions against any party whose failure to serve a timely response . . . necessitated this motion. Plaintiffs failure to serve a timely response necessitated the motion.
Code of Civil Procedure section 2033.280(c) does not provide the Court with discretion in whether to impose monetary sanctions.
Accordingly, the Court imposes a mandatory monetary sanction in the amount of $510 (1 hour @ the reasonable rate of $450.00/hr + $60.00 filing fee). Plaintiff shall pay the sanction no later than March 3, 2026. If Plaintiff fails to pay the sanction by such date, then Defendant may lodge for the Court's signature a formal order awarding sanctions, which may be enforced as a separate judgment. (See
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This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC Rule 3.1312.)
24CV020517: JEFFERSON vs LAW OFFICES OF FRANK D PENNY A PROFESSIONAL CORPORATION, et al. 02/03/2026 Hearing on Motion to Deem Request for Admissions Admitted Set Two in Department 54
NOTICE:
Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure:
To request limited oral argument, on any matter on this calendar, you must call the Law and Motion Oral Argument Request Line at (916) 874-2615 by 4:00 p.m. the Court day before the hearing and advise opposing counsel. At the time of requesting oral argument, the requesting party shall leave a voice mail message: a) identifying themselves as the party requesting oral argument; b) indicating the specific matter/motion for which they are requesting oral argument; and c) confirming that it has notified the opposing party of its intention to appear and that opposing party may appear via Zoom using the Zoom link and Meeting ID indicated below. If no request for oral argument is made, the tentative ruling becomes the final order of the Court.
Unless ordered to appear in person by the Court, parties may appear remotely either telephonically or by video conference via the Zoom video/audio conference platform with notice to the Court and all other parties in accordance with Code of Civil Procedure 367.75. Although remote participation is not required, the Court will presume all parties are appearing remotely for non-evidentiary civil hearings.
The Department 53/54 Zoom Link is https://saccourt-ca-gov.zoomgov.com/my/sscdept53.54 and the Zoom Meeting ID is 161 4650 6749. To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NO COURTCALL APPEARANCES WILL BE ACCEPTED.
Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government code §68086 and California Rules of Court, Rule 2.956. Requirements for requesting a court reporter are listed in the Policy for Official Reporter Pro Tempore available on the Sacramento Superior Court website at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-6a.pdf. Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp- 13.Pdf
A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Courts Approved Official Reporter Pro Tempore list.
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
24CV020517: JEFFERSON vs LAW OFFICES OF FRANK D PENNY A PROFESSIONAL CORPORATION, et al. 02/03/2026 Hearing on Motion to Deem Request for Admissions Admitted Set Two in Department 54
Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will be forward the form to the Court Reporters Office and an official reporter will be provided.