Judge: Donald F. Gaffney, Case: Tran v. Sumpter, Date: 2022-08-10 Tentative Ruling

TENTATIVE RULING: 

Motions 1-3. Motion to Compel Discovery Responses.

Defendant Ronnell Sumpter moves to compel responses from Plaintiff Angel Tran to Form Interrogatories (Set One), Special Interrogatories (Set One), and RFPs (Set One).  For the following reasons, the motions are GRANTED.

A party may move for an order compelling responses to discovery at any time “[i]f a party to whom [discovery requests] are directed fails to serve a timely response.” (Code Civ. Proc., §§ 2030.290(b) [interrogatories], 2031.300(b) [RFPs].)

By failing to serve timely responses, Plaintiff waived “any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product.” (Code Civ. Proc., §§ 2030.290(a) [interrogatories]; 2031.300(a) [RFPs].)

Plaintiff Angel Tran shall provide verified responses without objections to Defendant Sumpter’s Form Interrogatories (Set One), Special Interrogatories (Set One), and Request for Identification and Production of Documents (Set One) within 30 days of the service of notice of ruling.

Defendant Sumpter’s request for sanctions is granted. Plaintiff Angel Tran shall pay sanctions in the amount of $1,000 to Defendant Ronnell Sumpter within 30 days of the service of notice of ruling. (Code Civ. Proc., §§ 2023.010(d), 2030.290, 2031.300(c).)

Moving party to give notice.

Motion 4. Motion to Deem RFAs Admitted

Defendant Ronnell Sumpter moves to deem Requests for Admission (Set One) admitted by Plaintiff Angel Tran. For the following reasons, the motion is GRANTED.

Code of Civil Procedure Section 2033.280(b) provides that where a party to whom requests for admission are directed fails to serve a timely response, the propounding party “may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction under Chapter 7 (commencing with Section 2023.010).” The statute continues: “The court shall make this order, unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220.” (Code Civ. Proc., § 2033.280(c) [emphasis added]; St. Mary v. Super. Ct. (2014) 223 Cal.App.4th 762, 778.)

By failing to serve timely responses, Plaintiff waived “any objection to the requests, including one based on privilege or on the protection for work product . . .” (Code Civ. Proc., § 2033.280(a).)

Defendant Sumpter’s request for sanctions is granted. Plaintiff Angel Tran shall pay sanctions in the amount of $500 to Defendant Ronnell Sumpter within 30 days of the service of notice of ruling. (Code Civ. Proc., §§ 2023.010(d), 2033.280(b).)

Moving party to give notice.