PAUL HENRY VS. ERIC YOUNG ET AL
Case Information
Motion(s)
Motion For Order Establishing Admissions And For Sanctions
Motion Type Tags
Motion to Compel Further Responses · Motion for Sanctions
Parties
- Plaintiff: Paul Henry
- Defendant: Eric Young
- Defendant: Emmanuel Kampouris
Attorneys
- Ali Aalaei — for Plaintiff
Ruling
Set for Law and Motion/Discovery Calendar on Thursday, July 17, 2025, Line 9. 1 - DEFENDANT EMMANUEL KAMPOURIS' Motion For Order Establishing Admissions And For Sanctions.
Defendant Emmanuel Kampouris's motion for order establishing admissions is DENIED. Defendant's request for sanctions is GRANTED.
Under CCP 2033.280(c), the court shall deem requests for admissions (RFAs) admitted, unless it finds the responding party, before hearing on the motion, served a proposed response to the requests for admission that is in substantial compliance with CCP 2033.220. Here, Plaintiff served substantially compliant, verified responses without objections on June 18, 2025. (Aalaei decl. Ex. E.) Thus, the request for an order establishing admissions is denied.
As for Defendant's sanctions request, the court must impose monetary sanctions on the party or attorney whose failure to serve a timely responses necessitates the motion. (CCP 2033.280(c).) Here, defense counsel served RFAs to plaintiff's counsel Aalaei via email on May 5, 2025. Accounting for e-service, the deadline to respond fell on June 6, 2025. (CCP 2033.250; CCP 1010.6.) Defendant's failure to copy co-counsel on this email did not extend the deadline, as service upon Aalaei sufficed. Plaintiff belatedly served his original responses consisting of objections on June 16, 2025. By then, his objections were waived under CCP 2033.280, necessitating this motion. The court orders Plaintiff and his attorney Ali Aalaei, jointly and severally, to pay Kampouris $1,087.50 in sanctions by August 14, 2025.
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.
Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.
Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.
The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/JMQ) | |