Judge: Gary I. Micon, Case: 19STCV28264, Date: 2024-05-24 Tentative Ruling

Case Number: 19STCV28264    Hearing Date: May 24, 2024    Dept: F43

Dept. F43

Date: 5-24-24

Case #19STCV28264 , Rody Castroll vs. California Police Athletic Federation, et al.

Trial Date: 11-4-24

MOTION TO DEEM REQUESTS FOR ADMISSIONS ADMITTED

MOVING PARTY: Defendant Los Angeles Sheriff’s Athletic Association

RESPONDING PARTY: No response has been filed.

RELIEF REQUESTED

An order deeming Defendant’s Requests for Admissions admitted.

RULING: Defendant’s motion to deem requests for admissions admitted is granted.

SUMMARY OF ACTION

On October 20, 2023, Defendant Los Angeles Sheriff’s Athletic Association (Defendant) served Plaintiff Rody Castroll (Plaintiff) with Requests for Admissions, Set Two. Defendant represents that Plaintiff did not serve responses by the deadline of November 22, 2023. Defendant filed this motion on December 28, 2023. Defendant seeks an order deeming the requests for admissions admitted.

No opposition or reply has been filed.

ANALYSIS

“Any party may obtain discovery . . . by a written request that any other party to the action admit the genuineness of specified documents, or the truth of specified matters of fact, opinion relating to fact, or application of law to fact. A request for admission may relate to a matter that is in controversy between the parties.” (CCP § 2033.010.)¿ “Within 30 days after service of requests for admission, the party to whom the requests are directed shall serve the original of the response to them on the requesting party, and a copy of the response on all other parties who have appeared…” (CCP § 2033.250(a).)¿¿ 

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If a party to whom requests for admissions are served fails to provide a timely response, the party to whom the request was directed waives any objections, including based on privilege or the work product doctrine. (CCP § 2033.280(a).) The requesting party can move for an order that the genuineness of any documents and the truth of any matters specified in the request be deemed admitted, as well as for monetary sanctions. (CCP § 2033.280(b).) The court shall issue this order unless the party to whom the request was made serves a response in substantial compliance prior to the hearing on the motion. (CCP § 2033.280(c).)¿ 

Plaintiff did not serve responses to Defendant’s requests for admissions before the deadline. Based on the information available to the Court, it does not appear that Plaintiff has ever served responses to the requests for admissions.  

Defendant’s motion to deem requests for admissions admitted is granted. 

Moving party to give notice.

Dept. F43

Date: 5-24-24

Case #19STCV28264 , Rody Castroll vs. California Police Athletic Federation, et al.

Trial Date: 11-4-24

MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES

MOVING PARTY: Defendant Los Angeles Sheriff’s Athletic Association

RESPONDING PARTY: No response has been filed.

RELIEF REQUESTED

An order compelling responses to Defendant’s Form Interrogatories.

RULING: Defendant’s motion to compel Plaintiff’s responses to Defendant’s Form Interrogatories is granted.

SUMMARY OF ACTION

On October 20, 2023, Defendant Los Angeles Sheriff’s Athletic Association (Defendant) served Plaintiff Rody Castroll (Plaintiff) with Form Interrogatories, Set Three. Defendant represents that Plaintiff did not serve responses by the deadline of November 22, 2023. Defendant filed this motion on December 28, 2023. Defendant seeks an order compelling responses to the form interrogatories.

No opposition or reply has been filed.

ANALYSIS

The propounding party may move for an order compelling responses if a party to whom the interrogatories are directed fails to respond. (CCP §§ 2030.290, 2030.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 404.) Responses to interrogatories are due within thirty days from the date of service of the interrogatories. (CCP §§ 2030.260(a), 2016.050.) The responding party waives any objections to the interrogatories by failing to serve responses in a timely manner. (CCP § 2030.290(a).) 

Plaintiff has failed to respond to Defendant’s Form Interrogatories. Defendant has moved for an order compelling Plaintiff’s response to these Interrogatories. The Court grants Defendant’s motion to compel responses to the Form Interrogatories. 

Defendant’s motion to compel responses to Form Interrogatories is granted.

Moving party to give notice.