Judge: Craig Griffin, Case: Alvarado v. Harrison Building Inc. et al, Date: 2022-11-07 Tentative Ruling

Before the Court are two motions filed by Plaintiff Veronica Alvarado (“Plaintiff”) on 7/28/22, as follows:  (1) a Motion to Compel Responses Against Defendants Harrison Building Inc. (“HBI”) and Patrick Audenis (“Audenis”), which seeks an order compelling responses to Plaintiff’s Form Interrogatories, Set One, and to Plaintiff’s Requests for Production, Set No. One, as served on each of the Defendants respectively, along with monetary sanctions (“Motion 1”); and (2) a Motion to Deem Matters  Admitted Against Defendants HBI and Audenis, which seeks an order that Plaintiff’s Requests for Admissions, Set One, as served on each of the Defendants respectively,  be deemed admitted, along with monetary sanctions (“Motion 2”).

Motion 1 is GRANTED IN PART.  The Motion reflects that the Form Interrogatories, Set One and Requests for Production, Set One, were served on HBI and Audenis on 6/16/22, but no responses have been provided. (Dankert Decl., ¶¶ 3, 4, and Exs. A - D). As no responses were timely provided, all objections thereto have been waived and responses may be compelled.  (C.C.P. §2030.290(a), (b) & §2031.300(a), (b).)  HBI and Audenis are therefore ordered to provide complete responses to Plaintiff’s Form Interrogatories, Set One, and Requests for Production of Documents, Set One, without objection, and to produce any responsive documents, within 15 days after service of notice of this ruling.  However, as the Motion is unopposed, sanctions in the reduced sum of $162.50 are imposed on the Defendants, respectively, for a total award of $325 on this Motion, to be paid to Plaintiff through her counsel of record within 30 days after service of notice of this ruling.

Motion 2 is also GRANTED IN PART. The Motion reflects that Requests for Admission, Set One, were served on HBI and Audenis on 6/16/22, but no responses have been provided. (Dankert Decl., ¶¶ 3, 4, and Exs. A, B.). As no responses were timely provided, all objections have been waived, and the genuineness of any documents and the truth of any matters specified in those requests be deemed admitted, unless the Court finds that the party to whom the requests were 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.  (C.C.P. §2033.280(a)-(c).)  Therefore, unless Defendants can present evidence by the time of the hearing that substantially compliant responses have been served, the Motion shall be GRANTED.  However, as the Motion is unopposed, sanctions in the reduced sum of $162.50 are imposed on the Defendants, respectively, for a total award of $325 on this Motion, to be paid to Plaintiff through her counsel of record within 30 days after service of notice of this ruling.

Counsel for Plaintiff is to give notice.