Judge: John C. Gastelum, Case: 22-01273634, Date: 2023-08-09 Tentative Ruling

(1-2) Motion to Compel Answers to Form Irogs (3-4) Motion to Compel Answers to Special Irogs (5-6) Motion to Compel Production (7-8) Motion to Deem Facts Admitted (9) CMC

Tentative Ruling:  Plaintiff Balboa Capital Corporation (“Plaintiff”) moves for an order: (1-6) compelling Defendants Premier Truck Line, LLC (“Premier Truck Line”) and Antonio Carlos Martinez (“Martinez”) to serve responses to Plaintiff’s first set of Form Interrogatories, Special Interrogatories and Inspection Demands; (7-8) deeming the truth of all matters specified in Plaintiff’s first set of Requests for Admission as admitted; and imposing monetary sanctions.

Code of Civil Procedure sections 2030.290 and 2031.300 state that if a party to whom interrogatories or a demand for inspection “fails to serve a timely response to it,” the party waives any and all objections and the propounding party may move for an order compelling responses to the interrogatory or demand.  (Code Civ. Proc., §§ 2030.290(a)-(b), 2031.300(a)-(b).)  These sections also state “the court shall impose a monetary sanction . . . against any party, person or attorney who unsuccessfully makes or opposes a motion . . . unless it 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(c), 2031.300(c).)

Code of Civil Procedure section 2033.280(b) provides that, when a party fails to serve a timely response to requests 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, as well as for a monetary sanction under Chapter 7 (commencing with Section 2023.010).”  Subdivision (c) provides that the Court shall make this order, “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.”

Plaintiff served the written discovery on Defendants on September 30, 2022. Defendants failed to serve any responses by the November 17, 2022 extended deadline.  Counsel sent a meet and confer letter to Defendants’ counsel on December 22, 2022. As of the date of filing of the Motions, Defendants have served no responses.  (Da Costa Decls. ¶¶2-5.)

The motions are unopposed. However, on February 6, 2023, the court dismissed Premier Truck Line, LLC from the case after discussion with Plaintiff’s counsel. (ROA 20.) Although Defendant Premier TruckLine, LLC remains in the case, the court cannot compel a party who has been dismissed from the case to respond to discovery; nor would it appropriate to deem facts admitted based on a dismissed party’s failure to respond.  Accordingly, the motions seeking orders vis-a-vis Premier Truck Line, LLC are DENIED.

As to the motions seeking orders vis a vis Defendant Martinez, Plaintiff’s unopposed Motions are GRANTED. Defendant Martinez is ORDERED to serve verified responses, without objections, within 10 days.

The Court finds no substantial justification for Martinez’s failure to serve responses.  Thus, the Court GRANTS Plaintiff monetary sanctions against Defendant Antonio Carlos Martinez in the amount of $1,715.00.

Plaintiff to give notice.