Judge: Donald F. Gaffney, Case: "MUFG Union Bank, N.A. v. G.I. Paint & Construction Group, Inc.", Date: 2022-08-31 Tentative Ruling

TENTATIVE RULING

Motion to Compel Answers to Requests for Production of Documents and to Deem Requests for Admission Admitted

Plaintiff MUFG Union Bank, N.A. moves: (1) for an order that the genuineness of the documents and the truth of matters specified in Plaintiff’s First Set of Requests for Admissions be deemed admitted; and (2) to compel Defendant to serve answers to Plaintiff’s First Request for Production of Documents. For the following reasons, Plaintiff’s unopposed motion is GRANTED.

Due to Defendant’s failure to serve timely responses to the requests, Defendant has “waive[d] any objection to the demand, including one based on privilege or on the protection for work product . . . .”  (Code Civ. Proc., § 2031.300(a).) Defendant Jorge Ramirez shall produce documents and provide verified responses, without objections, to Plaintiff’s Requests for Production, Set One, within 30 days of service of notice of ruling.

Due to Defendant’s failure to serve responses to the requests for admission, Defendant Jorge Ramirez has “waive[d] any objection to the requests, including one based on privilege or on the protection for work product . . . .”  (Code Civ. Proc., § 2033.280(a).) Pursuant to section 2033.280(c), “[i]t is mandatory that the court impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated” the motion. Plaintiff’s request for sanctions is granted. Jorge Ramirez shall pay sanctions in the amount of $1,000.00 to Plaintiff MUFG Union Bank, N.A. within 30 days of service of notice of ruling. (See, e.g., Code Civ. Proc., §§ 2023.010(d), 2030.290(c), 2031.300, 2033.280.)

Moving party to give notice.