Judge: Curtis A. Kin, Case: 21STCV35447, Date: 2022-09-13 Tentative Ruling

Case Number: 21STCV35447    Hearing Date: September 13, 2022    Dept: 72

MOTIONS TO COMPEL RESPONSES TO:

(1) FORM INTERROGATORIES;

(2) SPECIAL INTERROGATORIES; and

(3) REQUESTS FOR PRODUCTION OF DOCUMENTS

MOTION TOR DEEMED ADMISSIONS BASED ON FAILURE TO RESPOND TO REQUESTS FOR ADMISSION

Date:         9/13/22 (8:30 AM)                 

Case:       Direct Painting & Decorating, Inc. v. Johanne Bouchereau (21STCV35447)

TENTATIVE RULING:

Plaintiff Direct Painting & Decorating, Inc.’s UNOPPOSED (1) Motion to Compel Responses to Form Interrogatories, Set Two and Special Interrogatories, Set Two; (2) Motion to Compel Responses to Requests for Production of Documents, Set Two; and (3) Motion for Deemed Admissions Based on Failure to Respond to Requests for Admission, Set One are GRANTED.

On June 9, 2022, plaintiff Direct Painting & Decorating, Inc. served the second sets of Form Interrogatories, Special Interrogatories, and Requests for Production of Documents and first set of Requests for Admissions on defendant Johanne Bouchereau by mail. (Suh Decls. ¶¶ 2 & Exs. A, B.) The deadline to serve responses to the discovery was August 15, 2022. (Suh Decls. ¶ 9 & Ex. G; CCP §§ 2030.270, 2031.270, 2033.260(a) [parties may agree to extension of deadline to respond to discovery].) As of the filing of the motions, no responses have been served. (Suh Decls. ¶¶ 10.) Accordingly, all objections are waived. (CCP §§ 2030.290(a); 2031.300(a), 2033.280(a).)

The motions to Compel Responses to Form Interrogatories, Set Two; Special Interrogatories, Set Two; and Requests for Production of Documents, Set Two are GRANTED. Within 15 days of this ruling, defendant Johanne Bouchereau is ordered to serve written verified responses, without objection, to Form Interrogatories, Set Two; Special Interrogatories, Set Two; and Requests for Production of Documents, Set Two propounded by plaintiff Direct Painting & Decorating, Inc. and produce documents that are responsive to Requests for Production of Documents, Set Two.

The Motion for Deemed Admissions Based on Failure to Respond to Requests for Admission, Set One is GRANTED. The Court deems as admitted against defendant Johanne Bouchereau the matters set forth in Requests for Admissions, Set One served on June 9, 2022. 

Plaintiff’s requests for sanctions are DENIED because plaintiff did not state in the notices of motions that it sought monetary sanctions against defendant, as required by CCP § 2023.040.