Judge: Armen Tamzarian, Case: 23STCV13571, Date: 2024-05-07 Tentative Ruling

Case Number: 23STCV13571    Hearing Date: May 7, 2024    Dept: 52

Plaintiff IDC Managing Member TIC LLC’s Motions: (1) to Compel Responses to Document Demands (and an Actual Production of Documents); (2) to Compel Responses to Form Interrogatories; and (3) for Order Establishing Admissions

Motions to Compel Discovery Responses

Plaintiff IDC Managing Member TIC LLC moves to compel defendant Phu Nguyen, doing business as PN Diamond Repair, to respond to document demands, set one, and to produce responsive documents.  Plaintiff also moves to compel defendant to respond to form interrogatories – general, 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).) 

Plaintiff served its form interrogatories – general and document demands, set one on defendant on November 3, 2023.  (Cohen Decl., ¶ 2.)  Plaintiff’s counsel agreed to extend the deadline to respond, but defendant did not respond by the extended deadline.  (Id., ¶ 3.)  In February and March 2024, plaintiff’s counsel met and conferred with defendant’s counsel about the overdue responses.  (Id., ¶ 4.)  When plaintiff filed this motion, plaintiff’s counsel still had not received any discovery responses.  (Id., ¶ 5.) 

Defendant did not timely respond to plaintiff’s form interrogatories or document demands.  Plaintiff is therefore entitled to an order compelling defendant to serve verified responses without objections to these discovery requests. 

Motion for Order Establishing Admissions

            Plaintiff IDC Managing Member TIC 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 defendant Phu Nguyen, doing business as PN Diamond Repair. 

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 objections.  (CCP § 2033.280(a).)

Plaintiff served requests for admission, set one, on defendant on November 3, 2023.  (Cohen Decl., ¶ 2, Ex. A.)  When plaintiff filed this motion, plaintiff’s counsel still had not received any responses.  (Id., ¶ 5.)   Defendant did not timely respond to the requests for admissions.  Plaintiff is therefore entitled to an order deeming admitted the truth of the matters and genuineness of the documents specified in the requests.

Sanctions

            Plaintiff moves for a total of $1,365 in sanctions ($455 for each motion) against defendant Phu Nguyen.  Failing to respond to an authorized method of discovery is a misuse of the discovery process subject to monetary sanctions.  (CCP § 2023.010(d).)  Defendant did not respond to authorized discovery.  The court finds defendant did not act with substantial justification.  Sanctions are just under the circumstances.

Disposition

Plaintiff IDC Managing Member TIC LLC’s motion to compel defendant Phu Nguyen, doing business as PN Diamond Repair, to respond to document demands and to produce documents is granted.

Defendant Phu Nguyen is ordered to serve verified responses to document demands, set one, without objections within 30 days.  Defendant is further ordered to produce all responsive documents concurrently with the written responses.  Defendant Phu Nguyen is ordered to pay plaintiff IDC Managing Member TIC LLC $445 in sanctions within 30 days. 

Plaintiff IDC Managing Member TIC LLC’s motion to compel defendant Phu Nguyen, doing business as PN Diamond Repair, to respond to form interrogatories is granted.

Defendant Phu Nguyen is ordered to serve verified responses to form interrogatories – general, set one, without objections within 30 days.  Defendant Phu Nguyen is ordered to pay plaintiff IDC Managing Member TIC LLC $445 in sanctions within 30 days. 

Plaintiff IDC Managing Member TIC LLC’s motion for an order establishing the truth of the matters specified in requests for admission, set one to defendant Phu Nguyen, doing business as PN Diamond Repair, is granted. 

The genuineness of the documents and the truth of matters specified in plaintiff’s request for admissions, set one, to defendant are hereby deemed admitted.  Defendant Phu Nguyen is ordered to pay plaintiff IDC Managing Member TIC LLC $445 in sanctions within 30 days.