Judge: Curtis A. Kin, Case: 22STCV15654, Date: 2023-05-11 Tentative Ruling

Case Number: 22STCV15654    Hearing Date: May 11, 2023    Dept: 72

MOTION TO COMPEL RESPONSES TO:

(1) SPECIAL INTERROGATORIES, SET ONE; AND

(2) FORM INTERROGATORIES, SET ONE

MOTION TO DEEM

REQUESTS FOR ADMISSION ADMITTED

Date:               5/11/23 (8:30 AM)

Case:               Misty Houwen, Trustee v. John C. Barlow (22STCV15654)

TENTATIVE RULING:

Plaintiff Misty Houwen, Trustee’s Motion to Compel Responses to Interrogatories is GRANTED.

Plaintiff Misty Houwen, Trustee’s Motion to Deem Requests for Admission Admitted is GRANTED.

Plaintiff’s evidentary objections are OVERRULED.

On January 20, 2023, plaintiff Misty Houwen, Trustee served the first sets of Special Interrogatories, Form Interrogatories-General, and Requests for Production on defendant John C. Barlow by email. (Gentino Decls. ¶ 2 & Exs. 1, 2.) Plaintiff did not provide any proofs of service that conform with CCP § 1013b. However, defendant does not deny receiving the discovery. (MacCarley Decls. ¶ 2.) Defendant had until March 7, 2023 to respond to the discovery. (Gentino Decl. ¶ 2; CCP §§ 2030.270(b), 2033.260(b) [parties may agree in writing to extension of time to respond to discovery].) No responses have been served. (Gentino Reply Decl. at 4:18.) Accordingly, all objections are waived. (CCP §§ 2030.290(a), 2033.280(a).)

The motions are GRANTED. No later than fifteen (15) days hereof, defendant John C. Barlow is ordered to serve responses, without objection, to Special Interrogatories, Set One and Form Interrogatories-General, Set One. The matters set forth in Requests for Admission, Set One are deemed admitted against defendant John C. Barlow.

With respect to plaintiff’s request for monetary sanctions, defendant did not oppose the motions with substantial justification. On February 14, 2023, defense counsel informed counsel for plaintiff that defendant would tender plaintiff’s claim to his insurance carrier. (MacCarley Decl. ¶¶ 3, 4 & Ex. A.) Defense counsel asked for an extension up to March 31, 2023 to respond to discovery, but counsel for plaintiff would only provide an extension up to March 7, 2023. (Id. Ex. A.) While professionalism and courtesy certainly counsels in favor of an extension until March 31, 2023, the Court notes that, nearly one month after the requested extension date, defendant instead chose to oppose the instant motions on April 28, 2023, rather than attempt to comply with the requests for discovery.  Indeed, as of May 4, 2023, defendant still has failed to comply.  (5/4/23 Gentino Reply Decl.)  Accordingly, the Court finds that defendant did not oppose the instant motions with substantial justification.

For failing to comply with discovery obligations, thereby forcing plaintiff to file these motions, the Court imposes a total of $1,437.82 in monetary sanctions against defendant John C. Barlow. The monetary sanctions are based on one hour to prepare both motions, 0.5 hours to prepare the reply, and 0.5 hours to attend the hearing (instead of the total 6 hours claimed for both motions), at an hourly rate of $650, plus two filing fees of $68.91. Monetary sanctions shall be paid to counsel for plaintiff within thirty (30) days hereof.