Judge: Alison Mackenzie, Case: 23STCV18514, Date: 2024-01-26 Tentative Ruling

Case Number: 23STCV18514    Hearing Date: January 26, 2024    Dept: 55

NATURE OF PROCEEDINGS:  Plaintiff’s Motion To Compel Discovery Responses And To Deem Requests For Admissions Admitted And For Sanctions.

Background

On 8/4/23,  THE PEOPLE OF THE STATE OF CALIFORNIA (“Plaintiff”) filed a Complaint for abatement and injunction against RISH INVESTMENTS, INC., as motel owner, and GAZI MONIRUL ISLAM (“Defendants”) as involved, alleging that defendants failed to abate nuisances at the New Gage at 6310 S. Figueroa Street, South Los Angeles, where, besides brazen prostitution, since at least 2016 there has been violence, chaos and lawlessness, including batteries, robberies, attempted robbery, and assaults with deadly weapons.          .  

Plaintiff brings a motion to compel Defendant RISH INVESTMENTS, INC. (“Defendant”) to serve responses to Form Interrogatories (Set One), Special interrogatories (Set One) and Demand for Production of Documents (Set One). Further, Plaintiff requests an order deeming admitted requests for admissions, and imposing $2,880.00 in sanctions against that Defendant. The motion contends that Defendant failed to serve responses to the requests or produce documents, even though the responses were originally due on 11/6/23, and extended to 12/12/23, via stipulation.

Analysis

On 1/22/24 (four days before the hearing) Defendant filed a Notice of Service of Verified Response to Request for Admissions (Set One). The attached verified RFA responses substantially comply with CCP § 2033.220 and thus the request for an order deeming admitted the RFAs is moot.

Defendant has not, however, provided the Court with proof that it has served verified responses, without objections, to the form and special interrogatories and the document requests. Plaintiff adequately shows Defendant’s failures to respond to the subject discovery requests.  However, the opposition evidences the substantial justification for the lack of responses due to the illness of defense counsel. Because of that, the Court allows extra time for service of initial discovery responses.

The Court therefore grants the motion with respect to the form and special interrogatories and document requests, while allowing extra time to serve responses to accommodate reported medical conditions of defense cousel.

On or before 3/26/24, Defendant RISH INVESTMENTS, INC. shall serve initial responses, and produce documents, without objections, and in full compliance with the California Discovery Act, CCP §2016.010 et seq., as to the form interrogatories, special interrogatories and requests for documents served by Plaintiff.

The request for monetary sanctions is denied, the Court finding the existence of substantial justification regarding defense counsel’s medical challenges.    E.g., CCP   § 2023.030.