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.