Motion to Deem RFAs Admitted
CASE NUMBER: 25CV-0206936 Tentative Ruling on Motion to Deem RFAs Admitted: Defendant Joshua James Littlepage seeks an order deeming admitted the truth of matters specified in Defendant’s Request for Admissions, Set One, which was served on Plaintiff William Edwin Hollowell by certified mail and email on December 18, 2025. The Motion has been properly noticed and is unopposed.
When a party fails to respond to a request for admission, the requesting party may move for an order deeming the genuineness of documents and the truth of matters specified in the requests admitted. CCP § 2033.280(b). Failure to respond also waives any objections to the discovery propounded. CCP § 2033.280(a). Unlike a motion to compel further responses, a motion to compel responses when no responses have been provided does not require the propounding party to demonstrate good cause or that it satisfied a meet-and-confer requirement. Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal. App. 4th 390. Here, Defendant’s moving papers sufficiently demonstrate that the discovery was served by mail and email and Plaintiff has failed to respond within the required time frame. The request to deem the matters admitted is granted.
Monetary sanctions are mandatory per CCP 2033.280(c). Defendant requests sanctions of $3,060.00 consisting of 12 attorney hours at a rate of $250 per hour, plus a $60 filing fee. The Court finds the hourly rate reasonable and will award the filing fee. The Court will reduce estimated attorney hours by 6, because there was no opposition to review (1 hour) or reply to prepare (3 hours), and 3 hours for preparing and attending a hearing on this motion is excessive (1 3
hour is reasonable). The total reasonable fee and cost award is $1,560.00.
Defendant’s Motion to Deem Request for Admission, Set One Admitted by Plaintiff is GRANTED. Sanctions of $1,560.00 are imposed against Plaintiff and are payable within 30 days of notice of entry of order. A proposed order has been lodged and will be modified.
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JOHANSON VS. NORTH STATE GROCERY, INC