Judge: H. Jay Ford, III, Case: 23SMCV0442, Date: 2024-08-06 Tentative Ruling

Case Number: 23SMCV0442    Hearing Date: August 6, 2024    Dept: O

8-6-24 23SMCV04492 Van Vu MTC RFP Responses (POS:ok)

Plaintiff Hoang Van Vu's Motion to Compel Responses to Requests for Production and sanctions in the amount of $860.00 as to Defendant Murtaza Iqbal Dar is GRANTED. The motion was filed on 5-7-24, and no opposition has been filed as of 8-3-24. Plaintiff served Defendant with RFP's, FROGS, SROGS, and RFAs on 11-28-23, with a 1-2-24 response deadline. (Cunningham Decl., ¶ 2; Ex. A.) No responses were received by the deadline, or of the time of the motion filing, and Plaintiff repeatedly made efforts to meet and confer to resolve the outstanding discovery responses. (Id., ¶¶3, 4, 5; Ex. B.) Defendant is ordered to provide code compliant responses to RFPs without objections and pay sanctions in the amount of $860.00 (2 hrs. @ $400/hr. + $60 filing fee) pursuant to CCP § 2031.300.

8-6-24 23SMCV04492 Van Vu MTC SROGS and FROGS (POS:ok)

Plaintiff Hoang Van Vu's Motion to Compel Responses to Special Interrogatories (Set One) and Form Interrogatories (Set One) and sanctions in the amount of $860.00 as to Defendant Murtaza Iqbal Dar is GRANTED. The motion was filed on 5-7-24, and no opposition has been filed as of 8-3-24. Plaintiff served Defendant with RFP's, FROGS, SROGS, and RFAs on 11-28-23, with a 1-2-24 response deadline. (Cunningham Decl., ¶ 2; Ex. A.) No responses were received by the deadline, or of the time of the motion filing, and Plaintiff repeatedly made efforts to meet and confer to resolve the outstanding discovery responses. (Id., ¶¶ 3, 4, 5; Ex. B.) Defendant is ordered to provide code compliant responses to SROGS and FROGS, without objections, and pay sanctions in the amount of $860.00 (2 hrs. @ $400/hr. + $60 filing fee) pursuant to CCP § 2030.260.

8-6-24 23SMCV04492 Van Vu Motion to Deem RFAs Admitted (POS: Ok)

Plaintiff Hoang Van Vu's Motion to Deem RFAs admitted and sanctions in the amount of $860.00 as to Defendant Murtaza Iqbal Dar is GRANTED. The motion was filed on 5-7-24, and no opposition has been filed as of 8-3-24. Plaintiff served Defendant with RFP's, FROGS, SROGS, and RFAs on 11-28-23, with a 1-2-24 response deadline. (Cunningham Decl., ¶ 2; Ex. A.) No responses were received by the deadline, or of the time of the motion filing, and Plaintiff repeatedly made efforts to meet and confer to resolve the outstanding discovery responses. (Id., ¶¶ 3, 4, 5; Ex. B.)  The Court orders RFA's No. 1–58 deemed and  Defendant is ordered to pay sanctions in the amount of $860.00 (2 hrs. @ $400/hr. + $60 filing fee).

If Defendant provides RFA responses in substantial compliance with CCP § 2033.220 prior to the 8-6-24 hearing, the RFA's will not be deemed admitted pursuant to CCP § 2033.280, however, Plaintiff will still owe sanctions in the amount of $860.00. (See Code Civ. Proc., § 2033.280c [The court shall order RFA's admitted "unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220. It is mandatory that the court impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion."].)