Judge: Joel L. Lofton, Case: 23AHCV00593, Date: 2024-03-07 Tentative Ruling

Case Number: 23AHCV00593    Hearing Date: March 7, 2024    Dept: X

   Tentative Ruling

Judge Joel L. Lofton, Department X

HEARING DATE:      March 7, 2024                                     TRIAL DATE: October 1, 2024

CASE:                         JOSE INIESTRA; SILVIA GARCIA, v. THANH LAM and DOES 1 to 100.

CASE NO.:                 23AHCV00593

DISCOVERY MOTIONS

MOVING PARTY:               Defendant Thanh Lam

RESPONDING PARTY:      No response filed.

SERVICE:                              Filed February 20, 2024

RELIEF REQUESTED

             Defendant moves for an order compelling Plaintiffs to provide discovery responses and for an order deeming the truth of the matters asserted in his requests for admissions deemed admitted.

BACKGROUND

             This case arises out of Plaintiffs Jose Iniestra and Silvia Garcia’s (“Plaintiff”) claim that they were injured by a motor vehicle accident caused by Defendant Thanh Lam (“Defendant”). Plaintiffs filed their complaint on March 17, 2023.

TENTATIVE RULING

Defendant’s motions to compel a response to his discovery requests are GRANTED.

Plaintiffs are ordered to provide code-complaint responses without objections within 20 days of the date of this order to Defendant’s form interrogatories, special interrogatories, and requests for the production of documents.

            Defendant’s motions to deem admitted are GRANTED.

            Defendant’s requests for sanctions is granted for a total of $993.2.

LEGAL STANDARD

If a party to whom interrogatories are directed fails to serve a timely response, the party propounding the interrogatories may move for an order compelling a response to the interrogatories. (Code Civ. Proc. section 2030.290, subd. (b).) The same applies to a party that fails to respond to a request for document production. (Code Civ. Proc. section 2031.300, subd. (b).)

Code of Civil Procedure section 2033.280, subdivision (b), provides that if a party fails to respond to a request for admission, “[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”.

DISCUSSION

            Defendant moves for an order compelling a response to his discovery requests. Defendant provides that he separately served Plaintiffs with form interrogatories, special interrogatories, requests for the production of documents, and requests for admission on July 21, 2023. (Sargsyan Decl. ¶ 3.) Defendant provides that Plaintiffs have failed to provide discovery responses. (Id. ¶ 7.) Defendant has demonstrated that he has served discovery responses but that Plaintiffs have failed to provide responses. Defendant’s motions to compel discovery responses are granted. Defendant’s motions to deem admitted are granted.

            Defendant also seeks sanctions for each of his eight motions. Defendant seeks a total of $561.65 for each of his eight motions. Code of Civil Procedure section 2033.280, subdivision (c), provides, in part: “It is mandatory that the court impose a monetary . . . on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.” Defendant’s requests for sanctions is granted for a total of $993.2 – two hours total for the two motions to deem admitted plus eight counts of the filing fee of $61.65.

CONCLUSION

Defendant’s motions to compel a response to his discovery requests are GRANTED.

Plaintiffs are ordered to provide code-complaint responses without objections within 20 days of the date of this order to Defendant’s form interrogatories, special interrogatories, and requests for the production of documents.

            Defendant’s motions to deem admitted are GRANTED.

            Defendant’s requests for sanctions is granted for a total of $993.2.

            Moving Party to provide notice.

Dated:   March 7, 2024                                               ___________________________________

                                                                                    Joel L. Lofton

                                                                                    Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court indicating their

intention to submit.  alhdeptx@lacourt.org