Judge: Kerry Bensinger, Case: 21STCV43989, Date: 2023-01-23 Tentative Ruling

Case Number: 21STCV43989    Hearing Date: January 23, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

          On December 2, 2021, Plaintiffs Sanjuana Elizabeth Zermeno Valdivia (“Valdivia”) and Javier Antonio Alas Chavez (“Chavez”) (collectively, “Plaintiffs”) filed this action against Defendants Mediterranean Heating & Air Conditioning, Inc. (“Mediterranean”) and Jeff Douglas Nelson (“Nelson”) (collectively, “Defendants”) for injuries arising from a motor vehicle accident.

On June 30, 2022, Defendant Mediterranean served Form Interrogatories, Set Two and Requests for Admission, Set One on Plaintiffs.  Having received no responses, Defendant proceeded to file these motions compelling Plaintiffs to provide responses and to have the requests for admission deemed admitted. Defendant also requests monetary sanctions and terminating sanctions against Valdivia.

On September 26, 2022, Valdivia dismissed her claims. Accordingly, the motions against her are OFF CALENDAR.

On September 21, 2022, Chavez filed a request for dismissal of his claims, but dismissal was not entered. Chavez has not filed another request. Accordingly, the motions may go forward against him.

          Compel Responses

Where a party fails to serve timely responses to discovery requests, the court may make an order compelling responses.  (Code Civ. Proc., §§ 2030.290, 2031.300; Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.)   A party that fails to serve timely responses waives any objections to the request, including ones based on privilege or the protection of attorney work product.  (Code Civ. Proc., §§ 2030.290, subd. (a), 2031.300, subd. (a).)  Unlike a motion to compel further responses, a motion to compel responses is not subject to a 45-day time limit and the propounding party has no meet and confer obligations.  (Sinaiko Healthcare Consulting, Inc., supra, 148 Cal.App.4th at p. 404.)

Chavez has not opposed the motion nor sent responses to date. Accordingly, the motion to compel responses is GRANTED.

Deem Admitted

Where a party fails to timely respond to a request for admission, the propounding 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.  (Code Civ. Proc., § 2033.280, subd. (b).)  The party who failed to respond waives any objections to the demand, unless the court grants them relief from the waiver, upon a showing that the party (1) has subsequently served a substantially compliant response, and (2) that the party’s failure to respond was the result of mistake, inadvertence, or excusable neglect.  (Code Civ. Proc., § 2033.280, subds. (a)(1)-(2).)  The court shall grant a motion to deem admitted requests for admissions, “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.”  (Code Civ. Proc., § 2033.280, subd. (c).)

Chavez has not opposed the motion nor sent responses to date. Accordingly, the motion to deem admitted is GRANTED.

Monetary Sanctions

Where the court grants a motion to compel responses, sanctions shall be imposed against the party who unsuccessfully makes or opposes a motion to compel, unless the party acted with substantial justification or the sanction would otherwise be unjust.  (Code Civ. Proc., § 2030.290, subd. (c).)  Where a party fails to provide a timely response to requests for admission, “[i]t 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.”  (Code Civ. Proc., § 2033.280, subd. (c).)

Defendant Mediterranean’s request for sanctions is GRANTED.  Sanctions are imposed against Chavez and counsel of record, jointly and severally, in the amount of $530 for 2 hours at Defendant’s counsel’s hourly rate of $205 and $60 in filing fees, to be paid within twenty (20) days of the date of this Order.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.

Dated this 23rd day of January 2023