Judge: Linda S. Marks, Case: 2021-01227759, Date: 2022-10-03 Tentative Ruling

1. Motion to Compel Answers to Special Interrogatories
2. Motion to Compel Response to Requests for Admissions filed by Emilio F. Rodrigo and Benita Flores on 5/31/22

Defendants/Cross-Complainants Emilio Flores Rodrigo and Benita Flores (“Cross-Complainants”) move to compel further responses from Cross-Defendant Truxas Sales, Inc. (“Truxas”) to Cross-Complainants’ Special Interrogatory Nos. 4, 5, 6, 9, 11, and 12, Form Interrogatory No. 17.1, and Requests for Admission Nos. 21, 22, 32-25, 39, and 41.  Cross-Complainants also seek monetary sanctions in the amount of $12,390.40.

As an initial matter, the Court notes that Truxas’ Oppositions to each Motion were served on Cross-Complainants’ counsel only, and not on counsel for Plaintiff ENGS Commercial Finance Co.  The Court will consider the merits of the Oppositions now, but counsel for Truxas is admonished to serve all papers filed in this action in the future on all parties, including Plaintiff. 

Cross-Complainants served a first set of Special Interrogatories, Form Interrogatories, and Requests for Admission on Truxas on February 24, 2022.  (Declarations of Gary E. Mastin, ¶ 2.)  Responses were due on April 5, 2022.  (Id., at ¶ 3.)  On March 24, 2022, Cross-Complainants served a second set of Requests for Admission and Form Interrogatories.  (Id., at ¶ 4.)   On March 31, 2022, Truxas was granted an extension of time up to and including May 1, 2022 to serve responses to all of Cross-Complainants’ discovery.  (Id., ¶ 5.)  Because May 1 was a Sunday, responses were due May 2, 2022.  (Id., ¶ 6.)  Truxas served responses on May 3, 2022.  (Id., ¶ 7.)

Truxas has asserted objections to all of the discovery requests at issue.  (See Mastin Decl., Exs. H, I, K, L.)  Truxas’ objections have been waived due to its failure to serve timely responses.  (Code Civ. Proc., §§ 2030.290, 2031.300, 2033.280.)  Truxas has also waived the right to exercise the option to produce writings under section 2030.230 in response to any interrogatories.  (Code Civ Proc., § 2030.290(a).)  Thus, Truxas may be compelled to serve further responses to all of the disputed discovery requests without objections and, as to the interrogatories, without direction to any produced documents under section 2030.230.

Moreover, not only do all of Truxas’ responses contain waived objections, but many are incomplete, inadequate, or evasive.  For example, Special Interrogatory No. 11 asks for the make, model, and VIN of all manual transmission dump trucks in Truxas’ inventory from August 2, 2020 to August 2, 2021.  In response, Truxas asserted only objections and provided no substantive response.  One of Cross-Complainants’ contentions is that Truxas did not have a manual transmission dump truck in its inventory when it contracted to sell Emilio a manual transmission dump truck, making this interrogatory relevant.  Truxas should provide a substantive further response without objections to this interrogatory, as well as any other request where Truxas asserted only objections without substantive responses.

Further, Truxas must provide a further response to Form Interrogatory No. 17.1, which asks for information regarding any responses to the Requests for Admission which are not unqualified admissions, to the extent any responses to Requests for Admission are further responded to.

Tentative Ruling: The Motions to Compel Further Responses to Form and Special Interrogatories and Request for Admissions  are GRANTED. 

The Court must impose a monetary sanction against Truxas unless it finds that Truxas acted with substantial justification or other circumstances make the imposition of the sanction unjust.  (Code Civ. Proc., §§ 2030.300(d), 2033.290(d).)  The Court finds no substantial justification for Truxas’ Opposition here.  Thus, the Court awards Cross-Complainants monetary sanctions in the amount of $2,345.20 against Truxas.

NOTE: sanctions were calculated as follows: 2 hours to review the discovery responses and prepare the motions, 2 hours to review the oppositions and prepare replies at $550/hour, 2 $60.00 filing fees and 2 $12.60 electronic filing fees.

Cross-Complainants to give notice.