Judge: Lynne M. Hobbs, Case: 22STCV03516, Date: 2024-01-10 Tentative Ruling

Case Number: 22STCV03516    Hearing Date: January 10, 2024    Dept: 30

Zhao v. Villa Park Trucking, Inc.

TENTATIVE

Defendant Villa Park Trucking, Inc.’s motions to compel responses to form interrogatories, special interrogatories, and to deem admissions admitted are GRANTED. Plaintiff Peng Zhao is ordered to provide verified responses without objections to the discovery requests within 20 days of this order. The truth of the matters in the request for admissions, set one, served on Plaintiff are admitted.

Defendant’s request for sanctions is GRANTED in part and DENIED in part. The Court orders Plaintiff Peng Zhao and is ordered to pay monetary sanctions in the amount of $450, within 20 days of this order.

Moving party is ordered to give notice.

Discussion

On January 4, 2023, Defendant served Form Interrogatories, Set One, Special Interrogatories, Set One, and Request for Admissions, Set One, on Plaintiff. (Id., ¶ 3; Exh. A.) On February 28, 2023, Plaintiff served unverified responses to the discovery. (Id., ¶ 4, Exh. B.) No verified responses were provided. (Id., ¶ 6.)

As Defendant properly served the requests for discovery, and Plaintiff has failed to provide verified responses, the Court finds Defendant is entitled to a court order directing Plaintiff to provide verified responses without objections to the discovery requests served on Plaintiff. The Court also finds Defendant is entitled to an order establishing the truth of the matters in the request for admissions served on Plaintiff. Therefore, the motions are granted.

Defendant also requests sanctions. Code of Civil Procedure sections 2030.290(c) allows for sanctions when the motion is unsuccessfully opposed. Here, as the motions were not opposed, the request for sanctions in connection with the motions to compel is denied.

Defendant’s request for sanctions under CCP section 2023.010 for the misuse of discovery is also denied, as "sections 2023.010 and 2023.030 do not independently authorize the trial court to impose monetary sanctions for misuse of discovery.” (City of Los Angeles v. PricewaterhouseCoopers, LLC (2022) 84 Cal.App.5th 466, 504.)

However, sanctions are mandatory in connection with the motion to deem the truth of the matter in the requests for admissions admitted. (Code Civ. Proc. § 2033.280(c).) Thus, the request for sanctions in connection with this motion is granted. However, the amount awarded is reduced due to the simplicity of this motion and lack of opposition. As such, the Court imposes sanctions against Plaintiff in the amount of $450 ($205 per hour for two hours, plus $60 filing fee), to be paid within 20 days of this order.