Judge: Craig Griffin, Case: Stavros v. Jaguar Land Rover etc., Date: 2022-09-29 Tentative Ruling
The Motion demonstrates that Plaintiff served the Requests For Admission (“RFAs”) at issue upon Defendant Jaguar Land Rover North America, LLC (“Jaguar”) on 3/16/22, but despite two extensions, no responses were timely provided. Where no response is timely provided for RFAs, the party to whom the RFAs are directed waives any objections thereto, and the propounding party may seek an order that the genuineness of any documents and the truth of any matters specified therein be deemed admitted, as well as for a monetary sanction. (C.C.P. § 2033.280(a), (b).) The court shall make this order, unless it finds that the party to whom the RFAs have been directed has served, before the hearing on the motion, a proposed response to the RFAs that is in substantial compliance with C.C.P. § 2033.220. (C.C.P. § 2033.280(c).)
The Opposition here demonstrates that substantive responses were belatedly provided on 6/21/22. (Dupart Decl., ¶ 9, Ex. 2.) Those responses improperly included objections, although all objections had by that time been waived. The Opposition asks for relief from that waiver, but as such relief is available only on a noticed motion, that request is denied. (See C.C.P. § 2033.280(a).) The objections thus were and are improper. However, in light of the substantive responses also provided, “substantial compliance” with C.C.P. § 2033.220 is nonetheless shown. The Motion therefore must be denied, despite the invalid objections improperly asserted in the tardy responses.
The request for monetary sanctions is GRANTED in the amount of $3,811.50 against Jaguar.
Counsel for Plaintiff is to give notice.