Judge: Mark E. Windham, Case: 23STLC03819, Date: 2023-12-21 Tentative Ruling

Case Number: 23STLC03819    Hearing Date: December 21, 2023    Dept: 26

Porter v. JP Morgan Chase Bank, NA, et al.

MOTION TO COMPEL RESPONSES TO REQUESTS FOR ADMISSION AND INSPECTION DEMANDS; REQUEST FOR SANCTIONS

(CCP §§ 2031.300, 2033.280, 2023.010)

TENTATIVE RULING:

Plaintiff Amber Porter’s (1) Motion to Compel Responses to Inspection Demands, Set One, and Request For Sanctions; and (2) Motion to Compel Responses to Requests for Admission, Set One, and Request For Sanctions, are DENIED. DEFENDANT JP MORGAN CHASE BANK, NA’S REQUEST FOR SANCTIONS IS GRANTED IN THE AMOUNT OF $500.00.

ANALYSIS:

Plaintiff Amber Porter (“Plaintiff”) propounded Inspection Demands, Set One, and Requests for Admission, Set One, on Defendant JP Morgan Chase Bank, NA (“Defendant”) on August 10, 2023. (Motions, Robenzadeh Decl., Exh. 1.) The parties agreed to an extension of time to serve responses until September 26, 2023, and on that date, Defendant served verified responses. (Opp., Johnson Decl., ¶¶3-4 and Exhs. 1-2.) Following a meet and confer effort, Plaintiff filed the instant (1) Motion to Compel Responses to Inspection Demands, Set One, and Request For Sanctions; and (2) Motion to Compel Responses to Requests for Admission, Set One, and Request For Sanctions on November 22, 2023. Defendant filed oppositions on December 8, 2023.

Discussion

Plaintiff’s Motion to Compel Responses to Inspection Demand, Set One, is brought pursuant to Code of Civil Procedure section 2031.300, which pertains to a party’s failure to serve timely responses to an inspection demand. (Code Civ. Proc., § 2031.300, subd. (b).) The evidence here, however, is that Defendant timely served responses on September 26, 2023, pursuant to the parties’ agreement for an extension of time to respond. This is appropriate under Code of Civil Procedure section 2031.270, which states: “The party demanding inspection, copying, testing, or sampling and the responding party may agree to extend the date for the inspection, copying, testing, or sampling or the time for service of a response to a set of demands, or to particular items or categories of items in a set, to a date or dates beyond those provided in Sections 2031.030, 2031.210, 2031.260, and 2031.280.” Therefore, there is no basis under Code of Civil Procedure section 2031.300 to compel Defendant’s initial responses to the Inspection Demand, Set One.

Plaintiff’s Motion to Compel Responses to Requests for Admission, Set One, is brought pursuant to Code of Civil Procedure section 2031.010, et seq., which does not pertain to requests for admission. The only statute cited in this motion that applies to requests for admission is Code of Civil Procedure section 2033.280, which makes no provision to compel responses. Therefore, no basis exists under the law cited by Plaintiff to compel Defendant’s responses to the Request for Admission, Set One.

Defendant’s request for sanctions against Plaintiff is appropriate under Code of Civil Procedure section 2023.010, subdivision (h) for “[m]aking or opposing, unsuccessfully and without substantial justification, a motion to compel or to limit discovery.” (Code Civ. Proc., § 2023.010, subd. (h).) However, as Defendant’s opposition offers no evidence to support the requested fee of $4,502.67 per motion, the Court reduces the sanctions to $500.00. (See Opp., Johnson Decl., ¶11.)

Conclusion

Plaintiff Amber Porter’s (1) Motion to Compel Responses to Inspection Demands, Set One, and Request For Sanctions; and (2) Motion to Compel Responses to Requests for Admission, Set One, and Request For Sanctions, are DENIED. DEFENDANT JP MORGAN CHASE BANK, NA’S REQUEST FOR SANCTIONS IS GRANTED IN THE AMOUNT OF $500.00.

Moving party to give notice.