Judge: Joel L. Lofton, Case: 23AHCV01434, Date: 2023-11-28 Tentative Ruling

Case Number: 23AHCV01434    Hearing Date: November 28, 2023    Dept: X

   Tentative Ruling

Judge Joel L. Lofton, Department X

HEARING DATE:     November 28, 2023                                        TRIAL DATE: No date set.

CASE:                         PATRICIA FILARDI, an individual, v. I CASA INVESTMENT, LLC, a California limited liability company; and DOES 1-10, inclusive.  

CASE NO.:                 23AHCV01434

MOTION TO COMPEL DISCOVERY RESPONSE

MOVING PARTY:               Plaintiff Patricia Filardi

RESPONDING PARTY:      No response filed.

SERVICE:                              Filed October 30, 2023

RELIEF REQUESTED

             Plaintiff moves for an order compelling a response to her discovery requests and for an order deeming the truth of the matters asserted in her requests for admissions admitted.

BACKGROUND

             This case arises out of Plaintiff Patricia Filardi (“Plaintiff”) Unruh Civil Rights Act claim. Plaintiff filed this complaint on June 23, 2023.

TENTATIVE RULING

Plaintiff’s motion to compel a response to her form interrogatories, special interrogatories, and requests for the production of documents is granted. Defendant is ordered to provide code-compliant responses without objections to Plaintiff’s discovery requests within 20 days of the date of this order.

Plaintiff’s motion for an order deeming the truth of the matters asserted in her requests for admissions admitted is granted.

Plaintiff’s request for sanctions is granted for her motion to deem RFAs admitted in the amount of $60.

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

            Plaintiff moves for an order compelling a response to her discovery requests and for an order deeming the truth of the matters asserted in her requests for admissions admitted. Plaintiff provides she served Defendant with her discovery requests on September 11, 2023. (Hashemi Decl. ¶ 4.) Plaintiff provides she has not received any responses by October 30, 2023. (Id. ¶ 6.)

            Plaintiff has established that she has served discovery requests, but Defendant has failed to provide any response. Plaintiff’s motion for an order compelling a response to her form interrogatories, special interrogatories, and requests for the production of documents is granted. Plaintiff’s motion for an order deeming the truth of the matters asserted in her requests for admissions admitted is granted.

            Plaintiff seeks sanctions totaling $3,073.00 for the present motions. Code of Civil Procedure section 2033.280, subdivision (c), provides in part: “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.” Plaintiff’s request for sanctions is granted for her motion to compel further in the amount of $60.

CONCLUSION

Plaintiff’s motion to compel a response to her form interrogatories, special interrogatories, and requests for the production of documents is granted. Defendant is ordered to provide code-compliant responses without objections to Plaintiff’s discovery requests within 20 days of the date of this order.

Plaintiff’s motion for an order deeming the truth of the matters asserted in her requests for admissions admitted is granted.

Plaintiff’s request for sanctions is granted for her motion to deem RFAs admitted in the amount of $773.

Dated:   November 28, 2023                                       ___________________________________

                                                                                    Joel L. Lofton

                                                                                    Judge of the Superior Court