Judge: Lisa R. Jaskol, Case: 22STCV00603, Date: 2025-01-15 Tentative Ruling
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Case Number: 22STCV00603 Hearing Date: January 15, 2025 Dept: 28
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On January 6, 2022, Plaintiff Alen Vartanian (“Plaintiff”) filed this action against Defendants City of Glendale (“Defendant”) and Does 1-60 for general negligence and premises liability.
On September 25, 2023, the Court granted Defendant’s motion to strike portions of Plaintiff’s complaint. The Court struck (1) “Count 1—Negligence” in the first cause of action for premises liability, (2) “Count 2—Willful Failure to Warn [Civil Code section 846]” in the first cause of action for premises liability, and (3) the second cause of action for negligence. The Court granted Plaintiff 30 days leave to amend.
On April 19, 2024, Defendant filed an answer.
On November 15, 2024, Defendant filed (1) a motion to compel Plaintiff's responses to requests for production of documents, set one, (2) a motion to compel Plaintiff's responses to special interrogatories, set one, (3) a motion to compel Plaintiff's responses to form interrogatories, set one, and (4) a motion to deem admitted the truth of matters specified in requests for admission, set one, served on Plaintiff. The motions were set for hearing on January 8, 2025 and January 15, 2025. The Court continued the hearing on the motion set for January 8, 2025 to January 15, 2025. Plaintiff has not filed oppositions.
Trial is currently set for March 18, 2025.
PARTY’S REQUESTS
Defendant
asks the Court to compel Plaintiff’s responses to request for production of
documents, set one, special interrogatories, set one, and form interrogatories,
set one, and to deem admitted the truth of matters specified in requests for
admission, set one, served on Plaintiff.
LEGAL STANDARD
A. Inspection demand
Code of Civil Procedure section 2031.300 provides:
“If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it, the following rules shall apply:
“(a) The party to whom the demand for inspection, copying, testing, or sampling is directed waives any objection to the demand, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010). The court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied:
“(1) The party has subsequently served a response that is in substantial compliance with Sections 2031.210, 2031.220, 2031.230, 2031.240, and 2031.280.
“(2) The party’s failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect.
“(b) The party making the demand may move for an order compelling response to the demand.
“(c) Except as provided in subdivision (d), the court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response to a demand for inspection, copying, testing, or sampling, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. If a party then fails to obey the order compelling a response, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction under Chapter 7 (commencing with Section 2023.010). In lieu of or in addition to this sanction, the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010).
“(d) (1) Notwithstanding subdivision (c), absent exceptional circumstances, the court shall not impose sanctions on a party or any attorney of a party for failure to provide electronically stored information that has been lost, damaged, altered, or overwritten as a result of the routine, good faith operation of an electronic information system.
“(2) This subdivision shall not be construed to alter any obligation to preserve discoverable information.”
(Code Civ. Proc., § 2031.300.)
B. Interrogatories
Code of Civil Procedure section 2030.290 provides:
“If a party to whom interrogatories are directed fails to serve a timely response, the following rules apply:
“(a) The party to whom the interrogatories are directed waives any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010). The court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied:
“(1) The party has subsequently served a response that is in substantial compliance with Sections 2030.210, 2030.220, 2030.230, and 2030.240.
“(2) The party’s failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect.
“(b) The party propounding the interrogatories may move for an order compelling response to the interrogatories.
“(c) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response to interrogatories, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. If a party then fails to obey an order compelling answers, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction under Chapter 7 (commencing with Section 2023.010). In lieu of or in addition to that sanction, the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010).”
(Code Civ. Proc., § 2030.290.)
C. Requests for admission
Code of Civil Procedure section 2033.280 provides:
“If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply:
“(a) The party to whom the requests for admission are directed waives any objection to the requests, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010). The court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied:
“(1) The party has subsequently served a response that is in substantial compliance with Sections 2033.210, 2033.220, and 2033.230.
“(2) The party’s failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect.
“(b) The requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction under Chapter 7 (commencing with Section 2023.010).
“(c) The court shall make this order, unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220. It is mandatory that the court impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.”
(Code Civ. Proc., § 2033.280.)
DISCUSSION
The Court grants Defendant’s motion to compel Plaintiff’s responses to request for production of documents, set one, and orders Plaintiff to serve code-compliant verified responses without objections by February 5, 2025 and to produce the documents, electronically stored information, and/or other things requested without objections by February 5, 2025.
The Court grants Defendant’s motion to compel Plaintiff’s responses to special interrogatories, set one, and form interrogatories, set one, and orders Plaintiff to serve code-compliant verified responses to the special interrogatories and form interrogatories without objections by February 5, 2025.
The
Court grants Defendant’s motion to deem admitted the truth of matters specified
in requests for admission, set one, served on Plaintiff. The Court deems the matters admitted. Although sanctions are mandatory (Code Civ. Proc., § 2033.280, subd. (c)), Defendant
has not provided information that would allow the Court to calculate the amount
of a sanctions award.
CONCLUSION
The Court GRANTS Defendant City of Glendale’s motion to
compel Plaintiff Alen Vartanian’s responses
to request for production of documents, set one. The Court orders Plaintiff Alen
Vartanian to serve code-compliant verified responses to the request for
production of documents without objections by February 5, 2025 and to produce the documents,
electronically stored information, and/or other things requested without
objections by February 5, 2025.
The Court GRANTS Defendant City of Glendale’s motion
to compel Plaintiff Alen Vartanian’s responses to special interrogatories, set
one. The Court orders Plaintiff Alen
Vartanian to serve code-compliant verified responses to the special
interrogatories without objections by February 5, 2025.
The Court GRANTS Defendant City of Glendale’s motion to compel Plaintiff Alen Vartanian’s responses to form interrogatories, set one. The Court orders Plaintiff Alen Vartanian to serve code-compliant verified responses to the form interrogatories without objections by February 5, 2025.
The Court GRANTS Defendant City of Glendale’s motion to deem admitted the truth of matters specified in requests for admission, set one, served on Plaintiff Alen Vartanian. The Court deems the matters admitted.
Moving party is ordered to give notice of this ruling.
Moving party is ordered to file the proof of service of this ruling with the Court within five days.