Motion For An Order That The Truth Of The Matters Specified In Requests For Admission Set One To Defendant Oscar Camacho Cardona Be Deemed Admitted And Request For Sanctions
Matter on the Law & Motion / Discovery calendar for Tuesday, October 14, 2025, Line 11. 1 - PLAINTIFF GEREMIE DEAN's Motion For An Order That The Truth Of The Matters Specified In Requests For Admission Set One To Defendant Oscar Camacho Cardona Be Deemed Admitted And Request For Sanctions In The Amount Of $5,400.00.
Plaintiff Geremie Dean moves for a deemed-admitted order as to Dean's first set of requests for admission served on defendant Oscar Camacho Cardona. Defendant did not timely respond to the discovery but served unverified responses on September 8, 2025 by electronic service. Plaintiff's motion does not note that unverified responses were served. Defendant provided verifications on September 24, 2025.
A deemed-admitted order may not be made where substantially compliant responses are provided before the hearing date. (Code Civ. Proc, section 2033.280, subd. (c).) The court determines that defendant's responses are in substantial compliance and denies the motion for a deemed-admitted order.
Plaintiff also seeks sanctions. "It is mandatory that the court impose a monetary sanction . . . on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion." (Code Civ. Proc., section 2033.280, subd. (c).) Because defendant's RFA responses were unverified at the time of the motion, sanctions are mandatory. The court awards reasonable sanctions of $1,000 payable jointly and severally by defendant and his counsel to plaintiff within 30 days of entry of this order.
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