Judge: Erick L. Larsh, Case: 2019-01090061, Date: 2023-06-15 Tentative Ruling

Plaintiff Carno Law Group’s Motion for Sanctions for Failure to Comply with Order Compelling Further Responses to Request(s) for Admission and Order that Matters in Requests Propounded to Defendant Integrated Process Control Engineering be Deemed Admitted is DENIED.

There is no dispute that further responses were served on 03/23/23. What is not clear is that these responses were not served in compliance with the Court’s Orders on this case, and the Notice of Ruling, none of which state a 20 day limit for serving further responses. Even if there had been an earlier deadline, the Court finds that defendant did not willfully violate the Court’s order. Late service was caused by unrefuted practice and personal problems of defendant’s counsel. The further responses that were served comply with the Court’s order.

No authority is cited or argued that the Court may deem RFAs admitted under the facts here. CCP §2033.280(b) applies only when there has been a failure to respond at all. It does not apply to the facts here.