Judge: Lisa R. Jaskol, Case: 22STCV17598, Date: 2024-03-05 Tentative Ruling

Case Number: 22STCV17598    Hearing Date: March 5, 2024    Dept: 28

Having considered the moving papers, the Court rules as follows.  

BACKGROUND 

On May 27, 2022, Plaintiff Demi Bell (“Plaintiff”) filed this action against Defendants Michael Fundaminsky (“Defendant”) and Does 1-50 for negligence. 

On November 20, 2023, Defendant filed an answer. 

On January 26, 2024, Defendant filed a motion to compel Plaintiff’s responses to form interrogatories, set one, and for sanctions and a motion to deem admitted matters specified in requests for admission, set one, and for sanctions.  The motions were set for hearing on March 5, 2024.  Plaintiff did not file oppositions.  On February 27, 2024, Defendant filed notices of non-opposition. 

No trial date is currently scheduled. 

PARTY’S REQUESTS 

Defendant asks the Court (1) to compel Plaintiff’s responses to form interrogatories, set one, (2) to deem admitted matters specified in requests for admission, set one, and (3) to award sanctions. 

LEGAL STANDARD 

A.   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.) 

B.       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 

On December 8, 2023, Defendant served form interrogatories, set one, and requests for admission, set one, on Plaintiff. 

Plaintiff did not provide timely responses and had not provided responses by the time Defendant filed notices of non-opposition to his motions on February 27, 2024. 

The Court grants the motions.  The Court orders Plaintiff to provide verified code-compliant responses to the form interrogatories, set one, without objections by April 4, 2024.  The Court also deems admitted the matters specified in requests for admission, set one. 

The Court denies Defendant’s request for sanctions on his motion to compel responses to the form interrogatories because Plaintiff did not “unsuccessfully make[ ] or oppose[ ] a motion to compel a response to interrogatories . . . .”  (Code Civ. Proc., § 2030.290, subd. (c).) 

The Court grants Defendant’s request for sanctions on his motion to deem admitted matters specified in requests for admission because “[i]t 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, subd. (c).) 

Defendant requests $1,060.00 in sanctions based on four hours of attorney time at a rate of $250.00 per hour and one $60.00 filing fee.  Counsel spent one hour drafting the motion and anticipated spending two hours to prepare a reply to any opposition and one hour to attend the hearing. 

The Court awards $560.00 in sanctions based on two hours of attorney time and one filing fee. 

CONCLUSION 

The Court GRANTS Defendant Michael Fundaminsky’s motion to compel Plaintiff Demi Bell’s responses to form interrogatories, set one, and orders Plaintiff Demi Bell to provide verified code-compliant responses to the form interrogatories, set one, without objections by April 4, 2024. 

The Court GRANTS Defendant Michael Fundaminsky’s motion to deem admitted matters specified in requests for admission, set one.  The Court deems the matters admitted. 

The Court DENIES Defendant Michael Fundaminsky’s request for sanctions on the motion to compel Plaintiff Demi Bell’s responses to form interrogatories, set one. 

The Court GRANTS Defendant Michael Fundaminsky’s request for sanctions on his motion to deem admitted matters specified in requests for admission, set one, and orders Plaintiff Demi Bell and her counsel to pay Defendant Michael Fundaminsky $560.00 by April 4, 2024. 

Moving party is to give notice of the Court’s ruling. 

Moving party is to file proof of service of the Court’s ruling within five days.