Judge: Christopher K. Lui, Case: 22STCV28397, Date: 2023-04-20 Tentative Ruling

Case Number: 22STCV28397    Hearing Date: April 20, 2023    Dept: 76

Pursuant to California Rule of Court 3.1308(a)(1), the Court does not desire oral argument on the motions addressed herein.  As required by Rule 3.1308(a)(2), any party seeking oral argument must notify ALL OTHER PARTIES and the staff of Department 76 of their intent to appear and argue.  Notice to Department 76 may be sent by email to smcdept76@lacourt.org or telephonically at 213-830-0776.  If notice of intention to appear is not given and the parties do not appear, the Court will adopt the tentative ruling as the final ruling.

                        Plaintiff tenants allege that Defendant landlord has failed to remediate uninhabitable conditions at the dwelling which Plaintiffs rent.

            Defendant filed a Cross-Complaint alleging that Plaintiffs/Cross-Defendants have created various disturbances at the property, damaged the property, and have refused to move out despite Cross-Complainant terminating their tenancy.

            Plaintiff Araceli Mendez moves to compel responses to form and special interrogatories and requests for production of documents, as well as an order deeming admitted matters set forth in requests for admission.

TENTATIVE RULING

Plaintiff Araceli Mendez’s, LLC’s motions to compel responses to Form Interrogatories, Set One and Special Interrogatories, Set One are GRANTED. Defendant Eugenia Rave is ordered to provide verified responses without objection within 20 days of this Order.

            Plaintiff’s request for sanctions pursuant to CCP §2030.290(c) against Defendant Eugenia Rave is GRANTED in the reduced amount of $870.00 Sanctions are to be paid to Plaintiff’s counsel within 20 days.

Plaintiff’s motion to compel responses to Requests For Production, Set One is GRANTED. Defendant Eugenia Rave is ordered to provide verified responses without objection within 20 days of this Order.

            Plaintiff’s request for sanctions pursuant to CCP §2031.300(c) against Defendant Eugenia Rave is GRANTED in the reduced amount of $560.00. Sanctions are to be paid to Plaintiff’s counsel within 20 days.

Plaintiff’s motion for an order deeming requests for admission to be admitted as against Defendant Eugenia Rave is GRANTED. 

Plaintiff’s request for sanctions pursuant to CCP §2033.280(c) against Defendant Eugenia Rave is GRANTED in the reduced amount of $560.00. Sanctions are to be paid to Plaintiff’s counsel within 20 days.

ANALYSIS

Motions To Compel Responses To Form and Special Interrogatories

Plaintiff Araceli Mendez moves to compel responses to form and special interrogatories, set one from Defendant Eugena Rave and requests sanctions.

When a party to whom interrogatories are directed fails to respond, under CCP § 2030.290(b) a party propounding the interrogatories may move for an order compelling a response. A party who fails to provide a timely response waives any objection, including one based on privilege or work product. (Civ. Proc. Code, § 2030.290(a).) For a motion to compel initial responses, no meet and confer is required. All that needs to be shown is that a set of interrogatories was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served. (Leach v. Sup. Ct. (1980) 111 Cal.App.3d 902, 905-06.)

Here, as of the date of the filing of the motions, Plaintiff had not received any responses to form interrogatories from Defendant. (See Declarations of Clemente Franco, ¶ 4.) Accordingly, Plaintiff is entitled to an order compelling responses.

The motion to compel responses to Form Interrogatories, Set One and Special Interrogatories, Set One is GRANTED. Defendant Eugenia Rave is ordered to provide verified responses without objection within 20 days of this Order.

            Plaintiff’s request for sanctions pursuant to CCP §2030.290(c) against Defendant Eugenia Rave is GRANTED in the reduced amount of $870.00. (1.5 total hours at $500/hour plus $120 in filing fees—Franco Decl., ¶ 5.) Sanctions are to be paid to Plaintiff’s counsel within 20 days.

Motion To Compel Responses To Requests For Production

Plaintiff moves to compel responses from Defendant Eugenia Rave to requests for production of documents, set one, and requests sanctions.

When a party to whom an inspection demand is directed fails to respond, under CCP § 2031.300(b) a party making the demand may move for an order compelling a response to the inspection demand. A party who fails to provide a timely response waives any objection, including one based on privilege or work product. (Civ. Proc. Code, § 2031.300(a).)  For a motion to compel initial responses, no meet and confer is required.  All that needs to be shown is that a set of requests for production was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served.  (See, e.g., Leach v. Sup. Ct. (1980) 111 Cal.App.3d 902, 905-06.)

Here, as of the date of the filing of the motion, Plaintiff had not received any responses to requests for production from Defendant. (See Declaration of Clemente Franco, ¶ 4.) Accordingly, Plaintiff is entitled to an order compelling responses.

The motion to compel responses to Requests For Production, Set One is GRANTED. Defendant Eugenia Rave is ordered to provide verified responses without objection within 20 days of this Order.

Plaintiff’s request for sanctions pursuant to CCP §2031.300(c) against Defendant Eugenia Rave is GRANTED in the reduced amount of $560.00. (1.0 total hours at $500/hour plus $60 in filing fees—Franco Decl., ¶ 5.) Sanctions are to be paid to Plaintiff’s counsel within 20 days.

Motion To Deem Admitted Requests For Admission          

Plaintiff moves for an order deeming requests for admission to be admitted as against Defendant Eugenia Rave and requests monetary sanctions.

When a party to whom a request for admissions are directed fails to respond, under CCP § 2033.280(b) a party propounding the request for admission may move for an order that the truth of any matters specified in the request be deemed admitted.  “The court shall make this order [deem admitted], unless it finds that the party to whom the request for admissions have been directed has served, before the hearing on the motion, a proposed response to the request for admission that is in substantial compliance with section 2033.220.” (Civ. Proc. Code, § 2033.280(c).)  

As of the date of the filing of this motion, Defendant has failed to serve a timely response to requests for admission. (See Declaration of Clemente Franco, ¶ 4.) Accordingly, Plaintiff is entitled to an order deeming admitted the matters in the requests for admission propounded upon Defendant. The motion for an order deeming requests for admission to be admitted as against Defendant Eugenia Rave is GRANTED.

Plaintiff’s request for sanctions pursuant to CCP §2033.280(c) against Defendant Eugenia Rave is GRANTED in the reduced amount of $560.00. (1.0 total hours at $500/hour plus $60 in filing fees—Franco Decl., ¶ 5.) Sanctions are to be paid to Plaintiff’s counsel within 20 days.