Judge: Douglas W. Stern, Case: 20STCV26552, Date: 2022-09-20 Tentative Ruling
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Case Number: 20STCV26552 Hearing Date: September 20, 2022 Dept: 52
Tentative Ruling:
Defendant Wilshire Fremont
Condominium Homeowners Association, Inc.’s Motions: (1) To Compel Responses to
Interrogatories; (2) To Compel Responses to Requests for Production; and (3) To
Deem Requests for Admission Admitted
Responses to Interrogatories and Requests for
Production
Defendant
Wilshire Fremont Condominium Homeowners Association, Inc. (Wilshire Fremont)
moves to compel plaintiff Florence Fleming, aka Bo Fleming to respond to special
interrogatories, set one; form interrogatories – general, set one; and requests
for production, set one.
When
a party fails to timely respond to interrogatories or demands for inspection,
the requesting party may move for an order compelling responses. (CCP §§ 2030.290(b) [interrogatories];
2031.300(b) [demands for inspection].)
Failure to timely respond waives any objections. (CCP §§ 2030.290(a); 2031.300(a).)
Defendant
Wilshire Fremont served special interrogatories, set one; form interrogatories
– general, set one; and requests for production, set one on plaintiff by mail
on June 3, 2022. (Curran Decls., ¶ 3,
Exs. 1-2.) Responses were therefore due
on July 8. Plaintiff had not served
responses as of August 9, when defendant filed these motions. (Curran Decls., ¶¶ 4-6.) Defendant Wilshire Fremont is therefore entitled
to an order compelling plaintiff to respond to its discovery requests.
Motion to Deem Requests for Admission Admitted
Defendant
Wilshire Fremont Condominium Homeowners Association, Inc. moves for an order
deeming admitted the matters specified in requests for admission, set one, to
plaintiff Florence Fleming, aka Bo Fleming.
When a party fails
to respond to requests for admission, the requesting 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.
(CCP § 2033.280(b).) Failure to
timely respond to requests for admission also waives any objection. (CCP § 2033.280(a).)
Defendant Wilshire
Fremont served requests for admission, set one on plaintiff by mail on June 3,
2022. (Curran Decl., ¶ 3, Ex. 1.) A response was therefore due
on July 8. Plaintiff had not served
responses as of August 9, when defendant filed this motion. (Curran Decl., ¶¶ 4-6.) Defendant Wilshire Fremont is therefore
entitled to an order deeming the truth of the matters admitted.
Sanctions
In each of its three motions, defendant Wilshire
Fremont moves for sanctions against plaintiff Florence Fleming, aka Bo
Fleming. Failing to respond to an
authorized method of discovery is a misuse of the discovery process subject to
monetary sanctions. (CCP §
2023.010(d).) For requests for
admission, “[i]t is mandatory that the court impose a monetary sanction… on the
party or attorney, or both, whose failure to serve a timely response to
requests for admission necessitated” the motion to deem the matters admitted. (CCP § 2033.280(c).)
Plaintiff did not respond to defendant’s authorized
methods of discovery. Her failure to
serve a timely response to the requests for admission necessitated the filing
of this motion. The court finds
plaintiff did not act with substantial justification and sanctions are just
under the circumstances. Plaintiff has a
duty to respond to discovery requests.
Defendant Wilshire Fremont moves for $2,766 in
sanctions for each of the three motions.
That amount includes the $60 filing fee plus 4.4 hours of attorney fees
at $615 hourly. (Curran Decls., ¶ 9.) The 4.4 hours include 2.0 hours each in
anticipated time preparing reply briefs and 1 hour in anticipated time
preparing for and attending the hearing.
(Ibid.)
Plaintiff did not oppose these motions. Instead of a reply, defendant filed only a
notice of non-opposition. Furthermore,
these three motions are being heard concurrently. The court therefore subtracts 2.0 hours of
fees for each motion and divides the one hour anticipated for the hearing into
thirds. The court finds defendant’s
reasonable expenses were 1.73 hours of attorney fees at $615 hourly on each
motion, plus the $60 filing fee, for a total of $1,123.95 on each motion.
Disposition
Defendant
Wilshire Fremont Condominium Homeowners Association, Inc.’s motion to compel
plaintiff Florence Fleming to respond to interrogatories is granted. Plaintiff Florence Fleming is ordered
to serve verified responses without objections within 30 days to defendant’s
special interrogatories, set one and form interrogatories – general, set
one. Plaintiff Florence Fleming is ordered
to pay defendant Wilshire Fremont Condominium Homeowners Association, Inc.
$1,123.95 in sanctions within 30 days.
Defendant
Wilshire Fremont Condominium Homeowners Association, Inc.’s motion to compel
plaintiff Florence Fleming to respond to requests for production is granted. Plaintiff Florence Fleming is ordered
to serve verified responses without objections within 30 days to defendant’s
requests for production, set one. Plaintiff
Florence Fleming is ordered to pay defendant Wilshire Fremont
Condominium Homeowners Association, Inc. $1,123.95 in sanctions within 30 days.
Defendant
Wilshire Fremont Condominium Homeowners Association, Inc.’s motion to deem the
truth of the matters specified in requests for admissions, set one, admitted is
granted. The truth of the matters
specified in Wilshire Fremont Condominium Homeowners Association, Inc.’s, set one,
to plaintiff Florence Fleming is hereby deemed admitted. Plaintiff Florence Fleming is ordered
to pay defendant Wilshire Fremont Condominium Homeowners Association, Inc.
$1,123.95 in sanctions within 30 days.