Judge: Lee W. Tsao, Case: 23NWCV00408, Date: 2023-04-05 Tentative Ruling

Case Number: 23NWCV00408    Hearing Date: April 5, 2023    Dept: C

ROMERO v. BAGBY

CASE NO.:  23NWCV00408

HEARING: 4/5/23 @ 10:30 AM

#2

TENTATIVE ORDER

I.             Plaintiff Romero’s unopposed motion to compel Defendant David Bagby’s responses to request for production of documents and request for monetary sanctions in the amount of $455.00 is GRANTED.

II.            Plaintiff Romero’s unopposed motion to compel Defendant David Bagby’s responses to special interrogatories and request for monetary sanctions in the amount of $385.00 is GRANTED.

III.          Plaintiff Romero’s unopposed motion to deem requested matters from Plaintiff’s requests for admission set one, to Defendant David Bagby admitted and request for monetary sanctions in the amount of $560.00 is DENIED.  Request for monetary sanctions is GRANTED.

Defendant Bagby is ordered to serve responses to form interrogatories and document requests without objections within 15 days.  The truth of the matters in the requests for admissions is deemed admitted.  Sanctions are imposed against Defendant Bagby in the reasonable sum of $1,400.00 payable within 30 days.

Moving Party to give NOTICE.

Plaintiff Romero moves to compel responses to special 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 February 17, 2023.  (Meleski Decl., ¶¶ 2-5, Ex. 1.)  Defendant failed to serve any responses.  Accordingly, the motions are GRANTED.  Defendant is ordered to serve responses without objections within 15 days. The truth of the matters in the requests 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.

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 $1,400.00 is reasonable.  Accordingly, sanctions are imposed against Defendant Bagby in the reasonable sum of $1,400.00 payable within 30 days.