Judge: Lynne M. Hobbs, Case: 22STCV40621, Date: 2024-12-03 Tentative Ruling

Case Number: 22STCV40621    Hearing Date: December 3, 2024    Dept: 61

DONOVANN RODGERS vs UNITED BAKERY EQUIPMENT COMPANY, INC., A KANSAS CORPORATION, et al.

TENTATIVE

Plaintiff Donovan Rodgers’ Motions to Compel Responses to Interrogatories, Requests for Production, and to Deem Matters Admitted against Defendant United Bakery Equipment Company are GRANTED. Responses and documents are ordered served, without objections within 20 days. Sanctions are awarded against Defendant and its counsel in the amount of $2,430.00, payable in 30 days.

Moving party to give notice.

DISCUSSION

A propounding party may demand a responding party to produce documents that are in their possession, custody or control. (Code Civ. Proc., § 2031.010.) A party may likewise conduct discovery by propounding interrogatories to another party to be answered under oath. (Code Civ. Proc. § 2030.010, subd. (a).) The responding party must respond to the production demand either by complying, by representing that the party lacks the ability to comply, or by objecting to the demand. (Code Civ. Proc., § 2031.210.) The responding party must respond to the interrogatories by answering or objecting. (Code Civ. Proc. § 2030.210, subd. (a).) If the responding party fails to serve timely responses, the propounding party may move for an order compelling responses to the production demand and interrogatories. (Code Civ. Proc., §§ 2030.290, 2031.300.) A party who fails to serve a timely response to interrogatories or a demand for inspection waives any objection to the demand. (Code Civ. Proc., §§ 2030.290, 2031.300.)

Likewise, “[a]ny party may obtain discovery . . . by a written request that any other party to the action admit the genuineness of specified documents, or the truth of specified matters of fact, opinion relating to fact, or application of law to fact. A request for admission may relate to a matter that is in controversy between the parties.” (Code Civ. Proc., § 2033.010.) If a party fails to serve a timely response to requests for admissions, “[t]he 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” (Code Civ. Proc., § 2033.280 subd. (b).)

A party who fails to timely respond to requests for admission waives all objections to the requests. (Code Civ. Proc. § 2033.280, subd. (a).)

Plaintiff Donovan Rodgers (Plaintiff) moves to compel responses to Requests for Production and Form and Special Interrogatories from Defendant United Bakery Equipment Company, Inc. (Defendant), and to deem matters admitted against Defendant. Plaintiff served the discovery at issue on April 30, 2024. (Scalia Decl. ¶¶ 5–8.) Despite efforts to meet and confer, and assurances that responses were forthcoming, no responses have been provided. (Scalia Decl. ¶¶ 9–19.)

Plaintiff has shown that discovery was served, but no responses have been served within the time for responses, nor after. No opposition to the motions has been filed.

The motions are therefore GRANTED.

II. SANCTIONS

The prevailing party on a motion to compel is generally entitled to monetary sanctions, unless the court “finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” (Code Civ. Proc. §§ 2030.290, 2031.300.) Sanctions are also mandatory against a party whose failure to serve responses to requests for admission makes the motion necessary. (Code Civ. Proc. § 2033.280, subd. (c).)

Plaintiff seeks a total $3,555.00 in sanctions in connection with the motions, representing 7.5 hours of attorney work at $450 per hour, plus three $60 filing fees. (Scalia Decl. ¶¶ 21–32.) Plaintiff's request is reduced by the two hours of attorney work reviewing and replying to an opposition that has not been filed, as well as the duplicity present in each motion. 

Sanctions are awarded against Defendant and its counsel in the amount of $2,430.00.