Judge Gary I. Micon, Case Number: 23CHCV00845, Date: 2024-02-02 Tentative Ruling

Judge: Gary I. Micon, Case: 23CHCV00845, Date: 2024-02-02 Tentative Ruling

Case Number: 23CHCV00845 Hearing Date: February 2, 2024 Dept: F49

Dept. F-49

Date: 2-1-24, 2-2-24, 2-5-24

Case #23CHCV00845

Trial Date: 2-18-25

MOTION TO COMPEL RESPONSES TO REQUESTS FOR PRODUCTION, MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES, MOTION TO COMPEL RESPONSES TO SPECIAL INTERROGATORIES, AND MOTION TO DEAM REQUESTS FOR ADMISSION ADMITTED

MOVING PARTY: Plaintiff Kubota Credit Corporation USA

RESPONDING PARTY: No response has been filed

RELIEF REQUESTED

Defendant’s responses to Plaintiff’s Requests for Production, Form Interrogatories, and Special Interrogatories and a motion to deem requests for admission admitted, as well as sanctions for each motion

SUMMARY OF ACTION

On May 26, 2023, Plaintiff Kubota Credit Corporation (Plaintiff) served Defendant Esmerald Rubio-Acosta (Defendant) with Form Interrogatories, Requests for Production of Documents, Special Interrogatories, and Requests for Admission. Plaintiff contacted Defendant on June 28, 2023, to indicate that no response had beeen received, but Defendant did not reply. (Motions at p. 3.) Plaintiff filed these motions on October 18, 2023. Plaintiff seeks an order compelling responses to the demand for production, form interrogatories, and special interrogatories. Plaintiff also seeks an order deeming the requests for admission admitted. Plaintiff seeks sanctions in the amount of $1,860.00 against Defendant and Defendant’s counsel of record for each of the motions.

Plaintiff’s motion to compel responses to requests for production and motion to compel responses to form interrogatories are set for hearing on February 1, 2024. The motion to compel responses to special interrogatories is set for hearing on February 2, 2024. The motion to deem requests for admissions admitted is set for hearing on February 5, 2024.

RULING: The four motions are all granted

Requests for Production

A propounding party may move to compel responses to requests for production of documents where the responding party fails to provide responses. (CCP § 2031.300.) The responding party must provide responses within thirty days after the demand is served. (CCP § 2031.030(c)(2) & (3).) The responding party waives all objections, including privilege and work product, by failing to timely respond to requests for production of documents. (CCP § 2031.300.)

Defendant has failed to provide responses to Plaintiff’s request for production of documents. Plaintiff has moved for an order compelling production of those documents. The Court grants Plaintiff’s motion to compel responses to the requests for production.

Form Interrogatories

The propounding party may move for an order compelling responses and monetary sanctions 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).)

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

Special Interrogatories

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

Requests for Admission

Responses to requests for admission are due within thirty days from the date the propounding party serves the requests. (CCP § 2033.250.) Failure to timely respond to requests for admission results in waiver of all objections to the requests, including claims of privilege or work product protection. (CCP § 2033.280(a).) The propounding party of requests for admission may move for an order that “the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction.” (CCP § 2033.280(b).)

Defendant has not responded to Plaintiff’s Request for Admissions. Plaintiff has moved for an order deeming the RFAs admitted. The Court grants Plaintiff’s motion.

Sanctions

CCP § 2023.030 authorizes the Court to issue sanctions against a party engaging in conduct that is a misuse of the discovery process. Failure to respond to discovery, evasive responses, and objections lacking substantial justification are “misuses of the discovery process.” (CCP § 2023.010, subd. (d)-(f).)

Plaintiff has requested sanctions in the amount of $1,860.00 against Defendant and Defendant’s counsel of record for the each of the four motions. The amount was based on Plaintiff’s counsel spending 1.1 hours preparing each of the motions at $600.00 an hour, plus an anticipated two hours attending the hearing on each motion. (Ernest Decl., ¶ 6.) However, the Court intends to hear the four motions at the same hearing, so the amount for sanctions would be 1.1 hours for each of the four motions, plus 2 hours for the hearing, at $600.00 an hour, for a total of $3,840.00 in sanctions.

Plaintiff’s requests for sanctions against Defendant and Defendant’s counsel of record are granted in the total amount of $3,840.00 for the four motions.

ORDER

1. Plaintiff’s motion to compel responses to requests for production is granted.

2. Plaintiff’s motion to compel responses to form interrogatories is granted.

3. Plaintiff’s motion to compel responses to special interrogatories is granted.

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

5. Defendant is ordered to serve responses within twenty (20) days.

6. Defendant and Defendant’s counsel of record are ordered to pay sanctions in the total amount of $3,840.00. Defendant and Defendant’s counsel of record are ordered to pay these sanctions to Plaintiff’s counsel within twenty (20) days.