Judge: Armen Tamzarian, Case: 23STCV02537, Date: 2023-05-19 Tentative Ruling

Case Number: 23STCV02537    Hearing Date: August 31, 2023    Dept: 52

Tentative Ruling:

Defendant Carrington Mortgage Services, LLC’s Motions: (1) to Compel Plaintiffs to Serve Responses to Form Interrogatories, Special Interrogatories, and Request for Documents; and (2) for Order Establishing Admissions

Motion to Compel Discovery Responses

Defendant Carrington Mortgage Services, LLC moves to compel plaintiffs Fernando Salinas and Ruben Salinas to serve responses to form interrogatories, special interrogatories, and requests for production of documents.

 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).) 

On May 24, 2023, defendant Carrington Mortgage Services, LLC served set one of form interrogatories – general, special interrogatories, and requests for production of documents on plaintiff Fernando Salinas and on plaintiff Ruben Salinas.  (Ramos Decl., ¶ 3, Exs. A-F.)  Plaintiffs’ responses were due on June 28.  (Id., ¶¶ 4-5.)  Plaintiffs had not served any responses to these discovery requests as of July 20, when defendant filed this motion.  (Id., ¶¶ 6-8.)  Plaintiffs did not timely respond to the discovery requests.  Defendant is therefore entitled to an order compelling each plaintiff to serve verified responses without objections to these discovery requests.

Defendant moves for $1,069.50 in sanctions against plaintiffs.  Failing to respond to an authorized method of discovery is a misuse of the discovery process subject to monetary sanctions.  (CCP § 2023.010(d).)  Plaintiffs did not respond to authorized discovery.  The court finds plaintiffs did not act with substantial justification and sanctions are just under the circumstances.  The court will therefore impose $1,069.50 in sanctions against plaintiffs. 

Motion to Deem Matters Admitted

            Defendant Carrington Mortgage Services, LLC moves for an order deeming admitted the truth of the matters and the genuineness of documents specified in requests for admission, set one, to plaintiffs Fernando Salinas and Ruben Salinas. 

When a party fails to respond to requests for admissions, 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 admissions also waives any objection.  (CCP § 2033.280(a).)

On May 24, 2023, defendant Carrington Mortgage Services, LLC served requests for admissions, set one, on plaintiff Fernando Salinas and on plaintiff Ruben Salinas.  (Ramos Decl., ¶ 3, Exs. A, B.)  Plaintiffs’ responses were due on June 28.  (Id., ¶¶ 4-5.)  Plaintiffs had not served any responses to the requests for admissions as of July 20, when defendant filed this motion.  (Id., ¶¶ 6-8.)  Plaintiffs did not timely respond to the requests for admissions.  Defendant is therefore entitled to an order deeming admitted the truth of the matters and genuineness of the documents specified in the requests to both plaintiffs. 

Defendant moves for $2,277 in sanctions against plaintiffs.  Failing to respond to an authorized method of discovery is a misuse of the discovery process subject to monetary sanctions.  (CCP § 2023.010(d).)  Plaintiffs did not respond to authorized discovery.  The court finds plaintiffs did not act with substantial justification and sanctions are just under the circumstances.  Furthermore, Code of Civil Procedure section 2033.280, subdivision (c) provides, “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 [a] motion” to deem matters admitted.  Plaintiffs’ failure to serve timely responses to defendant’s requests necessitated this motion.  Sanctions are mandatory.  The court will therefore impose $2,277 in sanctions against plaintiffs. 

Disposition

Defendant Carrington Mortgage Services, LLC’s motion to compel plaintiffs Fernando Salinas and Ruben Salinas to serve responses to form interrogatories, special interrogatories, and requests for production of documents is granted.

Plaintiff Fernando Salinas is ordered to serve verified responses to form interrogatories – general, set one, special interrogatories, set one, and request for production of documents, set one, without objections within 30 days. 

Plaintiff Ruben Salinas is ordered to serve verified responses to form interrogatories – general, set one, special interrogatories, set one, and request for production of documents, set one, without objections within 30 days. 

Plaintiffs Fernando Salinas and Ruben Salinas are ordered to pay Defendant Carrington Mortgage Services, LLC $1,069.50 in sanctions within 30 days.  Plaintiffs Fernando Salinas and Ruben Salinas shall be jointly and severally liable for the sanctions.

Defendant Carrington Mortgage Services, LLC’s motion for an order establishing admissions against plaintiffs is granted.

The genuineness of documents and the truth of matters specified in defendant Carrington Mortgage Services, LLC’s request for admissions, set one, to plaintiff Fernando Salinas are hereby deemed admitted.

The genuineness of documents and the truth of matters specified in defendant Carrington Mortgage Services, LLC’s request for admissions, set one, to plaintiff Ruben Salinas are hereby deemed admitted.

Plaintiffs Fernando Salinas and Ruben Salinas are ordered to pay Defendant Carrington Mortgage Services, LLC $2,277 in sanctions within 30 days.  Plaintiffs Fernando Salinas and Ruben Salinas shall be jointly and severally liable for the sanctions.