Judge: Lynne M. Hobbs, Case: 23STCV09090, Date: 2023-12-08 Tentative Ruling

Case Number: 23STCV09090    Hearing Date: December 8, 2023    Dept: 30

GIOVANNI GARCIA vs RICHARD SULLIVAN, JR., et al.

Motion to Compel Responses to Form Interrogatories
Motion to Compel Responses to Special Interrogatories
Motion to Compel Responses to Request for Production of Documents
Motion to Compel Deem Requests for Admissions Admitted

TENTATIVE

Defendant Richard Sullivan, Jr.’s motions to compel responses to form interrogatories, special interrogatories, request for production of documents, and to deem admissions admitted are GRANTED. Plaintiff Giovanni Garcia 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. The Court orders Plaintiff Giovanni Garcia to pay monetary sanctions in the amount of $310, within 30 days of this order.

Moving party is ordered to give notice.

Discussion

On August 18, 2023, Defendant served Form Interrogatories, Set One, Special Interrogatories, Set One, Request for Production, Set One, and Request for Admissions, Set One, on Plaintiff. (Avetisove Decl., ¶ 2; Exh. A.) Plaintiff’s responses to the discovery were due on September 19, 2023. No responses were provided.

Because Defendant properly served the requests for discovery, and Plaintiff has failed to provide 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) and 2031.300(c) allow 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 and counsel of record Afshin Eftekhari in the amount of $310 ($250 per hour for one hour, plus $60 filing fee),to be paid within 30 days of this order.