Judge: Lee W. Tsao, Case: 22NWCV00578, Date: 2023-03-28 Tentative Ruling

Case Number: 22NWCV00578    Hearing Date: March 28, 2023    Dept: C

M Y KHANANI LLC v. TRACY

CASE NO.:  22NWCV00578

HEARING: 3/28/23 @ 9:30 AM

#2

TENTATIVE ORDER

I.             Plaintiff M Y Khanani LLC’s unopposed motion compelling Jule Regina Tracy’s responses to form interrogatories; monetary sanctions is GRANTED.

II.            Plaintiff M Y Khanani LLC’s unopposed motion compelling Jule Regina Tracy’s responses to production of documents; monetary sanctions is GRANTED.

III.          Plaintiff M Y Khanani LLC’s unopposed motion for the truth of the matters be deemed admitted is DENIED.  Request for monetary sanctions is GRANTED.

Defendant Tracy is ordered to serve responses to form interrogatories and document requests without objections within 15 days. Reduced sanctions are imposed against Defendant Tracy in the reasonable sum of $2,000.00 payable within 30 days.

Moving Party to give NOTICE.

Plaintiff M Y Khanani LLC moves to compel responses to form Interrogatories, requests for production of documents, and to deem matters admitted 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.

Plaintiff served discovery on August 1, 2022.  (Younge Decl., ¶ 1.)  Defendant Tracy failed to serve any responses to form interrogatories and document requests.  Accordingly, the motions are GRANTED.  Defendant is ordered to serve responses without objections within 15 days. 

The court critically notes that Defendant filed a LATE opposition, asserting that responses have been served prior to the hearing.  Therefore, the motion is DENIED.  However, Plaintiff is still entitled to monetary sanctions for Defendant’s failure to timely respond.

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.

Here, sanctions are appropriate because Defendant failed to serve timely responses to discovery, and imposition of sanctions is mandatory because Defendant failed to respond to request for admissions. The court finds Defendant’s total request of $5,705.00 is excessive.  Instead, reduced sanctions are imposed against Defendant Tracy in the reasonable sum of $2,000.00 payable within 30 days.