Judge Lee W. Tsao, Case 21NWCV00733 2023-02-07 Tentative Ruling

Judge: Lee W. Tsao, Case: 21NWCV00733, Date: 2023-02-07 Tentative Ruling

Case Number: 21NWCV00733 Hearing Date: February 7, 2023 Dept: C

RIVANDI IMAGING AND HEALTHCARE, INC. v. TECHNOMED MEDICAL PARTS & EQUIPMENT, LLC

CASE NO.: 21NWCV00733

HEARING: 2/7/23 @ 9:30 AM

TENTATIVE RULING

I. Defendant Technomed Medical Parts & Equipment LLC’s motion for order compelling Rivandi Imaging and Healthcare, Inc. to respond to form interrogatories, set one is MOOT.

II. Defendant Technomed Medical Parts & Equipment LLC’s unopposed motion for order compelling Rivandi Imaging and Healthcare, Inc. to respond to special interrogatories, set one is MOOT.

III. Defendant Technomed Medical Parts & Equipment LLC’s unopposed motion for order compelling Rivandi Imaging and Healthcare, Inc. to respond to document requests, set one is GRANTED. Plaintiff is ordered to provide responses, without objections, within 20 days.

IV. Defendant Technomed Medical Parts & Equipment LLC’s unopposed motion for order deeming Rivandi Imaging and Healthcare, Inc. has admitted truth of facts and genuineness of documents is MOOT.

Reduced sanctions are imposed against Plaintiff and counsel, jointly and severally, in the reasonable sum of $2,000.00, payable within 30 days.

Moving Party to give NOTICE.

Defendant Technomed Medical Parts & Equipment LLC moves to compel responses to form and special interrogatories, requests for production of documents, and request for admissions pursuant to CCP §§ 2030.290, 2031.300, and 2033.280.

CCP §§ 2030.290(b) and 2031.300(b) allow the propounding party to file a motion to compel responses to interrogatories and document demands if a response has not been received. If responses are untimely, responding party waives objections. (CCP §§ 2030.290(a) and 2031.300(a).) CCP § 2033.280(b) and (c) allow the propounding party to file a motion requesting that the truth of any matters specified in the request for admissions be deemed admitted, unless the party to whom the requests have been directed has served before the hearing a proposed response that is in substantial compliance.

On July 19, 2022, Defendant served form and special interrogatories, request for production of documents, and request for admissions. Plaintiff failed to serve timely responses.

The court is in receipt of Plaintiff’s LATE opposition, filed on February 3, 2023, asserting that Plaintiff provided responses on October 12, 2022. However, the responses served on October 12, 2022, were untimely as Plaintiff only agreed to extend the deadline to October 10, 2022. (Haskin Decl., ¶ 3.) If responses are untimely, responding party waives objections. (CCP §§ 2030.290(a) and 2031.300(a).)

Accordingly, the motions are MOOT as to form interrogatories, special interrogatories, and request for admissions because responses were served without objections. The motion is GRANTED as to the requests for production of documents because the responses served contained objections, which have been waived. Plaintiff is ORDERED to provided further responses, without objections, within 20 days.

Sanctions: CCP §§ 2023.010(d), 2030.290(c), and 2031.300(c) authorize the court to impose sanctions for failure to respond to discovery without substantial justification. CCP § 2033.280 makes the imposition of sanctions mandatory if a party fails to serve a timely response to requests for admission.

Sanctions are warranted because Plaintiff failed to serve timely responses. Further, sanctions are mandatory because Plaintiff failed to timely respond to requests for admissions. The court finds Defendant’s total request of $5,573.60 is excessive. Instead, reduced sanctions are imposed against Plaintiff and counsel, jointly and severally, in the reasonable sum of $2,000.00, payable within 30 days.