Judge: Daniel S. Murphy, Case: 23STCV17499, Date: 2024-09-30 Tentative Ruling

Case Number: 23STCV17499    Hearing Date: September 30, 2024    Dept: 32

BACKGROUND

            On July 26, 2023, Plaintiff Cynthia Cuellar filed this employment discrimination action against Defendants The Providence College and Aboli Ndri.

            On August 23 and 27, 2024, Plaintiff filed the instant two motions to compel responses and deem matters admitted. Defendants filed their oppositions on September 17, 2024.   

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).) The responding party also waives its objections. (Id., §§ 2030.290(a), 2031.300(a), 2033.280(a).) 

DISCUSSION

            Plaintiff served her RFPs Set Two and RFAs Set One on May 15, 2024. (Derkalousdian Decl. ¶ 2.) Defendants missed the deadline of June 17, 2024. (Id., ¶ 3.) On July 1, 2024, Defendants requested an extension, which Plaintiff granted. (Id., ¶¶ 4-5.) Defendants missed the new deadline of July 15, 2024. (Id., ¶ 5.) Plaintiff’s counsel attempted to follow up, but received no response. (Id., ¶ 6.) Plaintiff has not received any responses. (Ibid.)

These facts show that Defendants have failed to timely respond to duly served discovery requests. Defendants’ oppositions claim that they will be responding to the requests. Nonetheless, an order compelling the responses is warranted to ensure that responses are provided. The RFAs will not be deemed admitted if Defendants serve substantially compliant responses before the hearing on the motions. (See Code Civ. Proc., § 2033.280(c).)

Sanctions are warranted as Defendants provide no substantial justification for their failure to timely respond to discovery. Sanctions are mandatory with regards to the RFAs. (See Code Civ. Proc., § 2033.280(c).) Plaintiff’s counsel claims an hourly rate of $350 and two hours for each motion. (Derkalousdian Decl. ¶ 7.) Given the simplicity of the motions, the Court finds that three hours is the reasonable time for both motions combined. Therefore, the Court awards $1,050 total.

CONCLUSION

            Plaintiff’s motion to compel responses to RFPs Set Two is GRANTED. Defendants shall provide responses to RFPs Set Two within 15 days of this order.

            Plaintiff’s motion to deem matters admitted is GRANTED unless Defendants serve substantially compliant responses before September 30, 2024.

            The Court sanctions Defendants and their counsel in the total amount of $1,050, to be paid within 30 days of this order.