Judge Lee S. Arian, Case Number: 21STCV01360, Date: 2024-02-26 Tentative Ruling

Judge: Lee S. Arian, Case: 21STCV01360, Date: 2024-02-26 Tentative Ruling

Case Number: 21STCV01360 Hearing Date: February 26, 2024 Dept: 27

Complaint Filed: 1/13/2021

Trial Date: 4/15/2024

Hon. Lee S. Arian

Department 27

Tentative Ruling

Hearing Date: 2/26/2024 at 1:30 p.m.

Case Name: PAUL AGAIBY vs. LYFT, INC., a Delaware corporation; JOHN DOE, an individual; and DOES 1 through 50, inclusive,

Case No.: 21STCV01360

Motion: MOTION TO COMPEL PLAINTIFF PAUL AGAIBY’S RESPONSES TO DEFENDANT LYFT’S FORM INTERROGATORIES AND SPECIAL INTERROGATORIES, SET TWO, SUPPLEMENTAL INTERROGATORIES, AND SUPPLEMENTAL REQUESTS FOR PRODUCTION OF DOCUMENTS, AND DEEM REQUESTS FOR ADMISSION, SET ONE, AS ADMITTED

Moving Party: Defendant TARZANA TREATMENT CENTERS, INC.

Responding Party: Plaintiff, DELIA RAMIREZ

Notice: Sufficient

Ruling: Defendant’s Motion to Deem Requests For Admissions, Set One, Admitted is GRANTED

Defendant’s Motion To Compel Responses To Form Interrogatories General, Set One, Special Interrogatories, Set Two, Supplemental Interrogatories, And Supplemental Requests For Production Of Documents Without Objections is GRANTED

Defendant’s Motion for Monetary Sanctions is GRANTED in the amount of $705.00

BACKGROUND

This case involves a personal injury claim by Plaintiff Paul Agaiby against Defendant Lyft, Inc. The incident in question occurred on January 31, 2019, when Plaintiff alleges a vehicle, booked through the Lyft platform, ran over his left foot after he had exited the vehicle to search for his wedding ring. Complaint was filed on January 13, 2021 alleging two causes of action 1) motor vehicle negligence and 2) general negligence.

As to the discovery requests at issue, Lyft electronically served Plaintiff with Requests for Admission, Set One, Form Interrogatories - General, Set One, Special Interrogatories, Set Two, Supplemental Interrogatories, and Supplemental Requests for Production of Documents on October 23, 2023. (Burrola Decl. ¶ 5.) Defendant granted Plaintiff multiple extensions for discovery responses: initially to December 6, 2023 (Burrola Decl. ¶ 7), subsequently to December 11, 2023 (Burrola Decl. ¶ 9), and finally to December 29, 2023 (Burrola Decl. ¶ 10). Despite these extensions, Plaintiff failed to submit any discovery responses by the December 29, 2023, deadline (Burrola Decl. ¶ 11). Additionally, Plaintiff did not file an opposition to the present motion.

ANALYSIS

1. Request for Admissions

“A party must respond to requests for admissions within 30 days after service of such requests. (Code Civ. Proc., § 2033.250, subd. (a).)¿ “If a party to whom requests for admission are directed fails to serve a timely response…(a) [that party] waives any objection to the requests, including one based on privilege or on the protection for work product…” (Code Civ. Proc., § 2033.280, subd. (a).) “The 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.” (Id. at subd. (b).)¿ Such an order is mandated unless the party to whom the request was directed serves a response in substantial compliance with CCP § 2033.220 prior to the motion's hearing. (Id. at subd. (c).) A motion dealing with the failure to respond, rather than with inadequate responses, does not require the requesting party to meet and confer with the responding party. (Deymer v. Costa Mesa Mobile Home Estates (1995) 36 Cal.App.4th 393, 395, fn. 4 [disapproved on other grounds in Wilcox v. Birtwhistle (1999) 21 Cal.4th 973]). There is no time limit within which a motion to have matters deemed admitted must be made. (Brigante v. Huang (1993) 20 Cal.App.4th 1569, 1585.)¿¿

Here, Defendant served its first set of Requests for Admissions on October 23, 2023 (Burrola Decl. ¶ 5), and provided a final extension for responses to December 29, 2023 to Plaintiff. (Burrola Decl. ¶ 10.) As of January 11, 2024, the date the motion was filed, no responses had been provided. (Burrola Decl. ¶ 11.) Furthermore, no opposition was filed and there was no showing that responses in substantial compliance with California Code of Civil Procedure § 2033.220 were provided.

Accordingly, Defendant’s request to deem as admitted RFAs Set One is GRANTED

2. Interrogatories and Requests for Production

A plaintiff may make a demand for production of documents and propound interrogatories without leave of court at any time 10 days after the service of the summons on, or appearance by, the party to whom the demand is directed, whichever occurs first. (Code Civ. Proc., § 2031.020, subd. (b); Code Civ. Proc., § 2030.020, subd. (b).) The demand for production of documents is not limited by number, but the request must comply with the formatting requirements in Code Civ. Proc., § 2031.030. A party may propound 35 specially prepared interrogatories that are relevant to the subject matter of the pending action and any additional number of official form interrogatories that are relevant to the subject matter of the pending action. (Code Civ. Proc., § 2030.030, subd. (a)(1) - (a)(2).)

The party whom the request is propounded upon is required to respond within 30 days after service of a demand, but the parties are allowed to informally agree to an extension and confirm any such agreement in writing. (Code Civ. Proc., § 2031.260, subd. (a); Code Civ. Proc., § 2030.260, subd. (a); Code Civ. Proc., § 2031.270, subd. (a) - (b); Code Civ. Proc., § 2030.270, subd. (a) - (b).)

If a party fails to timely respond to a request for production or interrogatories, the party to whom the request is directed waives any right to exercise the option to produce writings under Code Civ. Proc., § 2030.230, and waives any objection, including one based on privilege or on the protection for work product. (Code Civ. Proc., § 2031.300, subd. (a); Code Civ. Proc., § 2030.290, subd. (a).)

The party who propounded the discovery request may bring a motion to compel and the court shall impose a monetary sanction against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response to a demand for production of documents or interrogatories, unless the court 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., § 2031.300, subd. (c); Code Civ. Proc., § 2030.290, subd. (c).)

Here, Defendant served its Form Interrogatories, Set Two, Special Interrogatories, Set Two, Supplemental Interrogatories, and Supplemental Requests for Production of Documents on October 23, 2023 (Burrola Decl. ¶ 5). Defendant provided a final extension for Plaintiff to respond by December 29, 2023. (Burrola Decl. ¶ 10.) As of January 11, 2024, the date the motion was filed, no responses had been provided. (Burrola Decl. ¶ 11.)

Due to Plaintiff's failure to respond, Plaintiff is now compelled to provide responses to Form Interrogatories - General, Set One, Special Interrogatories, Set Two, Supplemental Interrogatories, and Supplemental Requests for Production of Documents, served on October 23, 2023, within 10 days of February 26, 2024 without any objections, including those based on privilege or the protection of work product (Code Civ. Proc., § 2031.300 subd. (a); Code Civ. Proc., § 2030.290, subd. (a)). For interrogatories, the lack of response also constitutes a waiver of any right to exercise the option to produce writings under Code Civ. Proc., § 2030.230.

2. Sanctions

Sanctions are mandatory against the party, the attorney, or both whose failure to serve a timely response to the request necessitated the motion to deem request for admissions as admitted. Code Civ. Proc., § 2033.280(c).

Defendant’s moving papers request sanctions in the amount of $705.00. This request is based upon the preparation of Motion to Compel at a rate of $215.00 per hour for 3 hours and CRS reservation fee of $60.00. (Burrola Decl. ¶ 12.) This request is reasonable and thus an award of sanctions for the amount of $705.00 has been GRANTED.