Judge: Craig Griffin, Case: Veros Credit LLC v Williams et al, Date: 2022-08-29 Tentative Ruling

Before the Court are six discovery motions filed by Plaintiff Veros Credit, LLC (“Plaintiff”) on 7/12/20. Three are Motions to Compel responses, without objections, to discovery propounded to Defendant Kimberlee Ann Williams (“Williams”) individually (as to Special Interrogatories, Requests for Production, and Requests for Admission, all Set One), along with corresponding sanctions requests. The other three are Motions to Compel responses, without objections, to discovery propounded to Defendant Kimberlee Ann Williams dba First Choice (“First Choice”) (also as to Special Interrogatories, Requests for Production, and Requests for Admission, all Set One), along with corresponding sanctions requests (collectively the “Motions”). The Motions are GRANTED, but for a reduction in the sums sought for sanctions.

As a preliminary matter, the Court notes that these defendants filed a responsive pleading on 1/20/21, without moving to quash under C.C.P. § 418.10, and thus waived any objections to jurisdiction. (See C.C.P. § 418.10(e)(3); Roy v. Sup.Ct. (Lucky Star Indus., Inc.) (2005) 127 Cal.App.4th 337, 341-342.) The Court thus has jurisdiction to consider the Motions.

On the merits, the Motion demonstrates that Special Interrogatories (“SROGs”), Requests for Production (“RFPs”), and Requests for Admission (“RFAs”), all Set One, were served on Williams and First Choice on 3/23/22, but no responses were ever provided, despite a follow-up letter to counsel noting the omission after the response date had passed. (Martinez Decls., at ¶¶ 2 - 4 and Exs. 1 and 2.) For the SROGs and RFPs, as no responses were timely provided, all objections thereto have been waived, and full and complete verified responses may be compelled, along with the corresponding document production. (C.C.P. §2030.290(a),(b) & §2031.300(a),(b).) For the RFAs, as no responses were timely provided, all objections have been waived, and unless evidence showing that substantially compliant responses is provided by the time of the hearing, the Court “shall” order that the matters specified in the requests be deemed admitted. (C.C.P. §2033.280(a) - (c).)

As the Motions appear well-taken and are unopposed, they are GRANTED in full as to all such discovery. Defendants Williams and First Choice are ordered to provide complete responses to their respective SROGs and RFPs, without objection, and to produce any and all responsive documents, within 20 days after service of notice of this ruling. In addition, all of the RFAs at issue are deemed admitted.

The requests for sanctions are GRANTED IN PART. Failure to respond to the subject discovery constitutes a misuse of the discovery process under C.C.P. §2023.010(d), and justifies imposition of monetary sanctions. (See C.C.P. §§ 2023.010(d), 2030.290(c), 2031.300(c), and 2033.280(c).) However, as no Oppositions were filed and there will be but one hearing for them all, the Court finds that sanctions should be imposed here only in the reduced sum of $322.50 per motion, for a total of $967.50 against Williams and $967.50 against First Choice. Such sanctions are to be paid to Plaintiff Veros Credit, LLC through its counsel of record, within 30 days after service of notice of this ruling.

Counsel for moving party is to give notice.