Judge: Lee W. Tsao, Case: 21STCV21960, Date: 2023-01-17 Tentative Ruling

Case Number: 21STCV21960    Hearing Date: January 17, 2023    Dept: C

SANCHEZ v. TOBACCO REVOLUTION, INC.

CASE NO.:  21STCV21960

HEARING: 1/17/23 @ 10:30 AM

#2

TENTATIVE RULING

I.             Defendant Tobacco Revolution, Inc.’s unopposed motion to compel Cross-Defendant Ohmash’s responses to form interrogatories, set one, special interrogatories, set one and requests for production, set one is GRANTED.  Cross-Defendant Ohmash is ordered to provide responses, without objections, within 20 days.

II.            Defendant Tobacco Revolution, Inc.’s unopposed motion to deem the truth of matters specified in requests for admissions, set one to Cross-Defendant Ohmash is GRANTED.  The truth of the matters specified in Defendant’s request for admissions is deemed admitted.

Sanctions are imposed against Cross-Defendant Ohmash and counsel, jointly and severally, in the sum of $2,650.00, payable within 30 days.

Moving Party to give NOTICE.

Defendant Tobacco Revolution, Inc. moves to compel responses to form interrogatories, special interrogatories, request for production, and request for admissions pursuant to CCP §§ 2030.290, 2031.300, and 2033.280. 

CCP §§ 2030.290(b) and 2031.300 allow the propounding party to file a motion to compel responses to interrogatories and document requests if a response has not been received.  If responses are untimely, responding party waives objections.  (CCP §§ 2030.290(a) and 2031.300.)  CCP § 2033.280 allows 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 1, 2022, Defendant served form interrogatories, special interrogatories, request for production, and request for admissions.  Cross-Defendant Ohmash failed to serve timely responses. 

Accordingly, the motions are GRANTED.  Cross-Defendant Ohmash is ordered to provide responses, without objections, within 20 days.  The truth of the matters specified in Defendant’s request for admissions is deemed admitted.

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 Cross-Defendant failed to serve timely responses.  Further, sanctions are mandatory because Cross-Defendant failed to respond to requests for admissions.  The court finds Defendant’s total request of $2,650.00 is reasonable.  Accordingly, sanctions are imposed against Cross-Defendant Ohmash and counsel, jointly and severally, in the sum of $2,650.00, payable within 30 days.