Judge: Audra Mori, Case: 20STCV45169, Date: 2022-12-15 Tentative Ruling

Case Number: 20STCV45169    Hearing Date: December 15, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Ana Morales (“Plaintiff”) propounded form interrogatories, special interrogatories, request for production of documents (“RPDs”), and request for admissions (“RFAs”), all set one, on Defendant Argo Spring Manufacturing Co., Inc. (“Defendant”) on March 4, 2022.  To date, despite extensions of time to respond and attempts to meet and confer, Defendant has not served responses.  Plaintiff therefore seeks an order compelling Defendant to respond, without objections, to the outstanding discovery and to pay sanctions.

Plaintiff’s motions to compel responses to form interrogatories, special interrogatories, and RPDs are granted.  Defendant is ordered to serve verified responses to form interrogatories, set one, special interrogatories, set one, and RPDs, set one, without objections, within ten (10) days.  (CCP §§ 2030.290(a), (b), 2031.300(a), (b).)

            As to Plaintiff’s motion to compel responses to the RFAs, Plaintiff cites to CCP § 2033.280 in making the request to compel responses.  However, CCP § 2033.280 does not authorize a motion to compel responses to RFAs.  Rather, it authorizes a motion to deem matters admitted.  (CCP § 2033.280(b).)  Nowhere in the notice of motion or memorandum of points and authorities does Plaintiff request the RFAs be deemed admitted against Defendant.  For due process reasons, notice should be given before RFAs are deemed admitted, given the significant impact that may have on a case.

            Therefore, Plaintiff’s motion to compel responses to RFAs, set one, is denied.  However, the denial is without prejudice to Plaintiff properly seeking to deem the RFAs admitted.  Perhaps Defendant will now respond to the RFAs in order to make such a motion unnecessary.

Concerning the motions to compel responses to form interrogatories, special interrogatories, and RPDs, sanctions are mandatory.  (CCP §§ 2030.290(c), 2031.300(c).)  Because it is being denied, no sanctions are awarded for the motion to compel responses to RFAs. 

Plaintiff is awarded one hour for preparing each of the motions to compel form interrogatories, special interrogatories, and RPDs [three hours total] and one hour to appear at the hearing- but is awarded this time only once- all at the reasonable rate of $200 per hour, for a total of $800 in attorney fees.  Further, Plaintiff is awarded three motion filing fees of $60, or $180 total, as costs. 

Plaintiff seeks sanctions against Defendant and Defendant’s attorney of record.  Plaintiff does not describe any conduct warranting sanctions against Defendant directly.  Sanctions are imposed against Defendant’s attorney of record only.  Defendant’s counsel is ordered to pay sanctions to Plaintiff, by and through counsel of record, in the total amount of $960, within twenty (20) days.

Plaintiff is ordered to give notice. 

PLEASE TAKE NOTICE:

• Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement.
• If a party intends to submit on this tentative ruling, the party must send an email to the court at sscdept31@lacourt.org with the Subject line “SUBMIT” followed by the case number.  The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.  
• Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.  You should assume that others may appear at the hearing to argue.  
• If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.  After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave. 

Dated this 15^th day of December 2022