Judge: Gregory Keosian, Case: 22STCV07674, Date: 2023-07-11 Tentative Ruling

Case Number: 22STCV07674    Hearing Date: December 4, 2023    Dept: 61

Plaintiff Ricardo Lumbreras’s Motions to Compel Responses to Interrogatories and Requests for Production, and to Deem Matters Admitted against Defendant Felipe Carlos Segoiva are GRANTED. Sanctions are awarded against Defendant in the amount of $945.

Plaintiff to give notice.

I.                MOTION TO COMPEL & DEEM ADMITTED

A propounding party may demand a responding party to produce documents that are in their possession, custody or control. (Code Civ. Proc., § 2031.010.) A party may likewise conduct discovery by propounding interrogatories to another party to be answered under oath. (Code Civ. Proc. § 2030.010, subd. (a).) The responding party must respond to the production demand either by complying, by representing that the party lacks the ability to comply, or by objecting to the demand. (Code Civ. Proc., § 2031.210.) The responding party must respond to the interrogatories by answering or objecting. (Code Civ. Proc. § 2030.210, subd. (a).) If the responding party fails to serve timely responses, the propounding party may move for an order compelling responses to the production demand and interrogatories. (Code Civ. Proc., §§ 2030.290, 2031.300.)

A party who fails to serve a timely response to interrogatories or a demand for inspection waives any objection to the demand. (Code Civ. Proc., §§ 2030.290, 2031.300.)

Likewise, “[a]ny 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.” (Code Civ. Proc., § 2033.010.) If a party fails to serve a timely response to requests for admissions, “[t]he 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, as well as for a monetary sanction” (Code Civ. Proc., § 2033.280 subd. (b).)

A party who fails to timely respond to requests for admission waives all objections to the requests. (Code Civ. Proc. § 2033.280, subd. (a).)

Plaintiff Ricardo Lumbreras (Plaintiff) served Defendant Felipe Carlos Segovia with interrogatories, requests for production, and requests for admission on April 13, 2023, with a due date of May 19, 2023. (Sullivan Decl. ¶¶ 2–3.) Defendant has yet to provide responses, despite written reminders from Plaintiff’s counsel. (Sullivan Decl. ¶¶ 6–7.) Defendant has filed no opposition to the present motion.

The motions to compel and deem admitted are therefore GRANTED.

II.             SANCTIONS.

The prevailing party on a motion to compel is generally entitled to monetary sanctions, unless the court “finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” (Code Civ. Proc. §§ 2030.290, 2031.300.) Sanctions are also mandatory against a party whose failure to serve responses to requests for admission makes the motion necessary. (Code Civ. Proc. § 2033.280, subd. (c).)

Plaintiff seeks a total of $945 in sanctions, representing $240 in attorney fees (1.2 hours at $200 per hour) per motion, plus three $75 e-filing fees. (Sullivan Decl. ¶¶ 8–12.)

Sanctions are awarded against Defendant in the amount of $945.