Robert Maron, Inc. et al v. Timothy Brown et al
Robert Maron, Inc. et al v. Timothy Brown et al
Case Number
21CV01747
Case Type
Hearing Date / Time
Wed, 09/06/2023 - 10:00
Nature of Proceedings
Motion for deemed admissions
Tentative Ruling
Plaintiffs: Daniel A Friedlander
Defendant Timothy Brown: Eric Arevalo, Bryan M Thomas
Defendant SB Smokehouse: Bryan M Thomas, Douglas Kirk
Claimant: James B Cole
Issue
Motion for deemed admissions.
Ruling
Cross-complainant The Santa Barbara Smokehouse, Inc. served cross-defendant Robert Maron (an individual) with Requests for Admissions (Set 1) on May 12, 2023. In response to a reminder sent to Maron’s counsel on June 23, 2023, that responses were overdue, and seeking responses no later than July 3, 2023, Maron’s counsel agreed to provide full and complete responses. When no responses had been provided by July 3, cross-complainant filed the current motion for an order deeming the matters set forth in the Requests for Admissions to be admitted, and for sanctions of $2,910 against cross-defendant Maron only. Maron has not opposed the motion.
On 9/1/23 J. Douglas Kirk, for Smokehouse, filed a Supplemental Declaration: On August 25, 2023, his office was served with Cross-Defendant Maron’s Responses to Requests for Admission, Set One (The “Responses”); after receipt of the Responses, he emailed counsel for Maron to discuss resolving the monetary sanctions issue; Maron’s counsel did not respond to his email. The issue of monetary sanctions remains outstanding.
An award of sanctions is mandatory pursuant to the terms of Code of Civil Procedure section 2033.280(c). The Court notes that cross-complainant’s sanction request included two hours of time it anticipated spending in preparation of reply papers and appearing at the hearing. The necessity for reply was obviated by the lack of an opposition to the motion. Consequently, the Court will order cross-defendant Maron to pay to cross-complainant sanctions in the amount of $2,435 to be paid by 9/20/23.
The MSC on 2/2/2024 and the TCC on 2/28/2024 are CONFIRMED.