Judge: Curtis A. Kin, Case: 20STCV31833, Date: 2022-09-06 Tentative Ruling

Case Number: 20STCV31833    Hearing Date: September 6, 2022    Dept: 72

MOTIONS TO COMPEL RESPONSES TO:

(1) FORM INTERROGATORIES; AND

(2) REQUEST FOR PRODUCTION OF DOCUMENTS

               MOTION TO DEEM ADMITTED REQUESTS FOR ADMISSION

 Date:               9/6/22 (8:30 AM)                   

Case:             Silvershadow Pictures, Inc. v. Terry Robinson (20STCV31833)

 

 TENTATIVE RULING:

 

Plaintiff Silvershadow Pictures, Inc.’s UNOPPOSED (1) Motion to Compel Responses to Form Interrogatories, Set One; (2) Motion to Compel Request for Production of Documents, Set One; and (3) Motion for an Order Deeming Requests for Admission Admitted are GRANTED.

 

On April 21, 2022, plaintiff Silvershadow Pictures, Inc. served the first sets of Form Interrogatories-General, Request for Production of Documents, and Request for Admissions on defendant Terry Robinson by mail. (Kernan Decls. ¶¶ 2, 3 & Exs. A.) The deadline to serve responses to the discovery was May 26, 2022. (CCP §§ 2030.260(a), 2031.260(a), 2033.250(a) [responses to be served 30 days after service); 1005(b) [five calendar days added for mail].) As of the filing of the motions, no responses have been served. (Kernan Decls. ¶¶ 4.) Accordingly, all objections are waived. (CCP §§ 2030.290(a); 2031.300(a), 2033.280(a).)

 

The Motion to Compel Responses to Form Interrogatories, Set One and Motion to Compel Request for Production of Documents, Set One are GRANTED. Within 15 days of this ruling, defendant Terry Robinson is ordered to serve written verified responses, without objection, to Form Interrogatories-General, Set One and Request for Production of Documents, Set One propounded by plaintiff Silvershadow Pictures, Inc. and produce documents that are responsive to Request for Production of Documents, Set One.

 

The Motion for an Order Deeming Requests for Admission Admitted is GRANTED. The Court deems as admitted against defendant Terry Robinson the matters set forth in Request for Admissions, Set One served on April 21, 2022. 

 

For failing to comply with discovery obligations and thereby forcing plaintiff to file these three motions, the Court imposes a total of $1,530 in monetary sanctions on defendant Terry Robinson. The monetary sanctions are based on 3 hours of work (instead of the total 30 hours claimed) at an hourly rate of $450, plus $180 in filing fees.

 

Monetary sanctions shall be paid to plaintiff Silvershadow Pictures, Inc.’s counsel of record within thirty (30) days hereof.