Aaron Henson v. Merle Alvarez

Aaron Henson v. Merle Alvarez, 25CVP-0249

Hearing: Motion to Deem Facts and Documents Admitted

Date: July 14, 2026

Aaron Henson (Henson) filed this action against Merle Alvarez (Alvarez) on June 27, 2025. Alvarez filed a general denial in October 2025. On November 17, 2025, Alvarez served written discovery on Henson, which included requests for admissions. Henson’s counsel requested an extension to respond agreeing to a waiver of objections. Counsel for Alvarez granted the extension. Henson, however, failed to respond by the February 26, 2026 deadline.

Code of Civil Procedure section 2033.280(c) requires the court to deem the RFAs admitted “unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220.” No responses have been served. The motion to deem the facts and documents admitted is granted.

Code of Civil Procedure section 2033.280(c) further provides, “It 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 the motion.” Any request for sanctions must identify every person, party, and attorney against whom the sanction is sought, as well as specify the type of sanction sought in the notice of motion. (Code Civ. Proc., § 2023.040, italics added.)

The notice of motion states only that it seeks “mandatory sanctions.” The last sentence of the supporting memorandum states, “Plaintiff [sic] asks the Court to grant this motion, with $1,035.00 in sanctions.” Again, the request for sanctions does not state against whom the sanctions are sought. It is only the last paragraph of counsel’s supporting declaration which states Alvarez seeks sanctions “against the Plaintiff.” (Hushing-Kline, ¶ 11.) The request for sanctions is denied for failure to give proper notice of the request.

ORDER (PROPOSED)

The motion is granted. The request for sanctions is denied.

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