Judge: Cherol J. Nellon, Case: 21STCV05558, Date: 2023-04-13 Tentative Ruling

Case Number: 21STCV05558    Hearing Date: April 13, 2023    Dept: 28

Defendants Emanate Health Medical Center and Emanate Health Inter-Community Hospital’s Motion to Deem Admitted Requests for Admissions (Set One)

Having considered the moving, opposing and reply papers, the Court rules as follows.

BACKGROUND

On February 11, 2021, Plaintiff Hector Hugo Rodriguez (“Plaintiff”) filed this action against Defendants Emanate Health Medical Center (“EHMC”), Emanate Health Inter-Community Hospital (“EHIH”) and John Doe (“Doe”) for assault, battery, intentional infliction of emotional distress, negligence and negligent hiring, supervision and retention.

On May 2, 2022, EHMC, on behalf of EHMC and EHIH, filed an answer.

On January 6, 2023, EHMC and EHIH (“Moving Defendants”) filed a Motion to Deem Requests for Admissions Admitted, set to be heard on April 13, 2023. On March 30, 2023, Plaintiff filed an opposition. On April 6, 2023, Moving Defendants filed a reply.

Trial is currently scheduled for August 7, 2023.

PARTY’S REQUESTS

Moving Defendants request the Court order Request for Admissions, Set One, against Plaintiff be deemed admitted.

Plaintiff requests the Court deny the motion.

LEGAL STANDARD

Under CCP § 2033.280:

“If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply:

(a) The party to whom the requests for admission are directed waives any objection to the requests, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010). The court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied:

(1) The party has subsequently served a response that is in substantial compliance with Sections 2033.210, 2033.220, and 2033.230.

(2) The party’s failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect.

(b) 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, as well as for a monetary sanction under Chapter 7 (commencing with Section 2023.010).

(c) The court shall make this order, unless it 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. It is mandatory that the court impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.”

DISCUSSION

Request for Discovery

Moving Defendants propounded Request for Admissions, Set One, on Plaintiff on May 2, 2022. Responses were due on July 5, 2022. At the time of filing this motion, Plaintiff has yet to serve discovery responses.

Plaintiff alleges they served code-compliant, verified responses without objection on January 13, 2023, prior to the hearing on this motion. However, Plaintiff did not attach said responses or verifications, so the Court is unable to verify said responses.

Moving Defendants allege they never received the alleged responses, and that Plaintiff has been deceased since February 15, 2022. Moving Defendants cannot have it both ways. If

Plaintiff has been deceased since February 15, 2022, Moving Defendants served discovery on a party incapable of serving discovery responses, as Plaintiff was deceased at the time of service. Moving Defendants are aware that Plaintiff was never capable of providing timely verified responses prior to the initial due date.

Given that no successor in interest has been named, there is no party currently capable of providing discovery responses. The Court denies the motion, finding there is no proper party to impose discovery obligations against. 

CONCLUSION

Defendants Emanate Health Medical Center and Emanate Health Inter-Community Hospital’s Motion to Deem Admitted Requests for Admissions (Set One) is DENIED.

Moving party is ordered to give notice of this ruling.

Moving Party is ordered to file the proof of service of this ruling with the Court within five days.

The parties are directed to the header of this tentative ruling for further instructions.