Judge: Daniel S. Murphy, Case: 21STCV44115, Date: 2023-03-17 Tentative Ruling

Case Number: 21STCV44115    Hearing Date: March 17, 2023    Dept: 32

BACKGROUND

            On December 3, 2021, Plaintiffs Gregory Kingston, Paul Kingston, Gail Kingston, and Victoria Kingston-Allen filed this action against Defendants The Estate of Robert Blaisch, The Estate of Kenneth Eldon, and State Farm Insurance Company. The operative First Amended Complaint, filed July 25, 2022, alleges (1) personal injury and property damage, (2) breach of contract, (3) breach of the implied covenant of good faith and fair dealing, and (4) bad faith denial of insurance coverage.

            Plaintiffs owned a duplex in Los Angeles, in which Robert Blaisch and Kenneth Eldon were tenants. The duplex burned down in a fire due to the alleged negligence of Blaisch and Eldon, who perished in the fire. Plaintiffs bring the first cause of action for personal and property damage against the estates of Blaisch and Eldon. Plaintiffs bring the second through fourth causes of action against State Farm for denying insurance coverage after the fire.

            On February 7, 2023, State Farm filed the instant five motions with regards to the following discovery: (1) RFA Set One to Victoria Kingston-Allen (CRS # 5136); (2) RFA Set One to Gail Kingston (CRS # 8435); (3) RFP Set One to Gail Kingston (CRS # 1855); (4) FROG Set One to Gail Kingston (CRS # 5782); and (5) FROG Set One to Gregory Kingston (CRS # 3313). State Farm seeks an order compelling responses to the RFPs and FROGs, and an order deeming the RFAs admitted.

LEGAL STANDARD

            Discovery responses are due 30 days after service of the requests, unless the parties stipulate or the court orders otherwise. (Code Civ. Proc., §§ 2030.260(a), 2031.260(a), 2033.250(a).) If a responding party fails to respond in time, the propounding party may move for an order compelling the responses or deeming matters admitted. (Id., §§ 2030.290(b), 2031.300(b), 2033.280(b).)

DISCUSSION

            The subject discovery was served on October 26, 2022. (McKeon Decl. ¶ 3.) Plaintiffs did not respond within 30 days and did not respond to State Farm’s follow-up communications. (Id., ¶¶ 5-6.) Therefore, Plaintiffs have failed their discovery obligations and have provided no substantial justification.

            Sanctions would be warranted, but State Farm’s counsel does not provide any substantiating evidence in her declarations in support of the motions, namely her hourly rate and hours spent.

CONCLUSION

            Defendant State Farm’s motions are GRANTED. Plaintiffs Gregory Kingston and Gail Kingston are ordered to provide responses to the subject RFPs and FROGs within 10 days. The matters in RFAs Set One propounded to Victoria Kingston-Allen and Gail Kingston are deemed admitted. State Farm’s request for sanctions is denied.