Judge: Armen Tamzarian, Case: 21STCV47098, Date: 2023-03-08 Tentative Ruling

Case Number: 21STCV47098    Hearing Date: March 8, 2023    Dept: 52

Defendant Specialized Loan Servicing LLC’s Motions to: (1) Compel Responses to Form Interrogatories, (2) Compel Responses to Request for Production, and (3) Deem the Truth of Matters Specified in Requests for Admission Admitted

Form Interrogatories and Request for Production

            Defendant Specialized Loan Servicing LLC moves to compel plaintiff Maria Delgado to respond to form interrogatories (set one) and request for production of documents (set one).

When a party fails to timely respond to interrogatories or demands for inspection, the requesting party may move for an order compelling responses.  (CCP §§ 2030.290(b) [interrogatories]; 2031.300(b) [demands for inspection].)  Failure to timely respond waives any objections.  (CCP §§ 2030.290(a); 2031.300(a).)

Defendant served the form interrogatories and request for production on plaintiff Maria Delgado by mail on November 7, 2022.  (Schratz Decls., ¶ 2.)  Plaintiff did not serve responses as of January 13, 2023, when defendant filed these motions.  (Id., ¶ 3.)  Defense counsel also made multiple attempts to contact plaintiff about her overdue responses.  (Id., ¶¶ 4-7.)  Defendant is therefore entitled to an order compelling plaintiff to serve responses to form interrogatories and request for production.

Requests for Admission

            Defendant Specialized Loan Servicing LLC moves for an order deeming the truth of matters specified in requests for admission (set one) to plaintiff Maria Delgado.  When a party fails to respond to requests for admission, the requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted.  (CCP § 2033.280(b).)  Failure to timely respond to requests for admission also waives any objection.  (CCP § 2033.280(a).)  An order deeming matters admitted is mandatory “unless [the court] finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220.”  (CCP § 2033.280(c).) 

            As with the other discovery requests, defendant served requests for admission (set one) on plaintiff Maria Delgado by mail on November 7, 2022.  (Schratz Decl., ¶ 2.)  Plaintiff did not serve responses as of January 13, 2023, when defendant filed this motion.  (Id., ¶ 3.)  Defense counsel also made multiple attempts to contact plaintiff about her overdue responses.  (Id., ¶¶ 4-7.)  Defendant is therefore entitled to an order deeming the truth of the matters specified in requests for admission (set one) admitted.

Sanctions

Defendant moves for monetary sanctions in each motion.  Failing to respond to an authorized method of discovery is a misuse of the discovery process subject to monetary sanctions.  (CCP § 2023.010(d).)   Sanctions are mandatory for defendant’s motion to deem matters admitted.  “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.”  (CCP § 2033.280(c).)  Plaintiff Maria Delgado’s failure to serve a timely response to defendant’s requests for admission necessitated this motion. 

The court finds, however, that defendant did not reasonably incur all expenses it claims.  Defendant seeks: (1) $1,755 in attorney fees for 3.6 hours at $375 hourly and 2.7 hours at $150 for the motion regarding form interrogatories; (2) $1,785 for 3.6 hours at $375 and 2.9 hours at $150 for the request for production; and (3) $2,040 for 3.8 hours at $375 and 4.1 hours at $150.  (Schratz Decls., ¶ 8.)  These simple motions did not reasonably require that much work.  Moreover, the fees for each motion include “an additional 1.5 hours writing the reply to any opposition and 1 hour attending the hearing for this Motion.”  (Ibid.)  Plaintiff did not file any opposition.  These three hearings are being held concurrently.  The court finds plaintiff reasonably incurred only 1.5 hours at $375 hourly and 1.5 hours at $150 hourly, plus the $60 filing fee, for a total of $847.50 in sanctions on each motion.

Disposition

Defendant Specialized Loan Servicing LLC’s motion to compel responses to form interrogatories is granted.  Plaintiff Maria Delgado is ordered to serve verified responses to form interrogatories (set one) without objections within 30 days.  Plaintiff Maria Delgado is ordered to pay defendant Specialized Loan Servicing LLC $847.50 in sanctions within 30 days.

Defendant Specialized Loan Servicing LLC’s motion to compel responses to request for production of documents is granted.  Plaintiff Maria Delgado is ordered to serve verified responses to request for production of documents (set one) without objections within 30 days.  Plaintiff Maria Delgado is ordered to pay defendant Specialized Loan Servicing LLC $847.50 in sanctions within 30 days.

Defendant Specialized Loan Servicing LLC’s motion to deem admitted the matters specified in requests for admission (set one) to plaintiff Maria Delgado is granted.  The truth of the matters specified in defendant’s requests for admission (set one) to plaintiff Maria Delgado is hereby deemed admitted.  Plaintiff Maria Delgado is ordered to pay defendant Specialized Loan Servicing LLC $847.50 in sanctions within 30 days.