LVNV FUNDING LLC VS. RIDGWAY

CASE NUMBER: 26CVG-00166 Tentative Ruling on Motion for Order Deeming Request for Admissions Admitted: Plaintiff LVNV Funding, LLC. seeks an order deeming the truth of the matters specified in Plaintiff’s Requests for Admission, Set One admitted by Defendant Shannon Ridgway. Despite being timely noticed with the motion, Defendant not file an Opposition.

When a party fails to respond to Requests 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). Plaintiff’s moving 9

papers sufficiently demonstrate that Defendant has failed to respond to Request for Admissions, Set One within the required time frame. 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.

Monetary sanctions are mandatory per CCP § 2033.280(c). Plaintiff seeks $810 in monetary sanctions which is comprised of one hour already spent and two anticipated hours at the rate of $250 per hour plus the $60 filing fee. The Court finds the hourly rate to be reasonable and awards one hour for time already spent. Given that there is no Opposition, one additional hour will be awarded if Plaintiff’s counsel attends the hearing. The $60 motion filing fee is awarded.

The motion is GRANTED. Defendant is deemed to have admitted as true each of the items contained in Plaintiff’s Request for Admissions, Set One. Objections are waived. Sanctions will be awarded in either the amount of $310 or $560 depending on whether Plaintiff’s counsel attends the hearing. Plaintiff provided a proposed Order, however, the contents of the Requests for Admission are not included. Plaintiff will need to submit a proposed Order that includes the text of the Requests for Admission being deemed admitted.