Judge: Mark E. Windham, Case: 24STUD00906, Date: 2024-05-01 Tentative Ruling

Case Number: 24STUD00906    Hearing Date: May 1, 2024    Dept: 26

2515 Thurman, LLC, et al. v. Hurt, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES; DEEM REQUESTS FOR ADMISSION ADMITTED; REQUEST FOR SANCTIONS

(CCP §§ 2030.290, 2033.280, 2023.010)

TENTATIVE RULING:

Plaintiffs 2515 Thurman, LLC and Brian Haydel’s (1) Motion to Compel Responses to Form Interrogatories, Set One, and for Monetary Sanctions; and (2) Motion Deeming Requests for Admission, Set One, Admitted and for Monetary Sanctions are DENIED. PLAINTIFFS AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $800.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER. 

ANALYSIS:

Plaintiffs 2515 Thurman, LLC and Brian Haydel (“Plaintiffs”) filed the instant (1) Motion to Compel Responses to Form Interrogatories, Set One, and Request For Sanctions; and (2) Motion to Deem Requests for Admission, Set One, Admitted, and Request For Sanctions on March 7, 2024. Defendants Trinton Hurt, Eddie Mendez, and Chris Jimenez (“Defendants”) filed a oppositions on March 11, 2024.

Discussion

Plaintiffs contend they propounded Form Interrogatories, Set One, and Requests for Admission, Set One, on Defendants on March 1, 2024. (Motions, Poulter Decl., Exh. 1.) Only the Requests for Admission, Set One, is accompanied by a proof of service which indicates it was served by electronic mail. (Motion to Deem RFAs Admitted, Poulter Decl., Exh. 1, p. 4.) Plaintiffs contend that responses were due by March 6, 2024 without citation to any legal authority. (Motions, p. 3:5.) The oppositions, however, point to the relevant authority regarding service of discovery responses in an unlawful detainer action. Code of Civil Procedure section 2030.260, subdivision (b) provides that responses are due within five days, and this time is extended by two court days for service by electronic mail. (Code Civ. Proc., § 1010.6, subd. (a)(3)(B).) Therefore, Defendants’ responses were not due until March 8, 2024.

As Defendants point out, Plaintiffs prematurely filed these Motions on March 7, 2024 and in an apparent attempt to recover sanctions awarded against Plaintiffs. (Opp., Greer Decl., ¶4 and Exh. A.) The Motions, therefore, are denied. Defendants are also entitled to an award of monetary sanctions pursuant to Code of Civil Procedure section 2023.030, subdivision (a) for “unsuccessfully asserting that [Defendants] engaged in the misuse of the discovery process.” (Code Civ. Proc., § 2023.030, subd. (a).) Defendants are awarded reduced sanctions of $400.00 per motion. (Opp., Greer Decl., ¶5.)

Conclusion

Plaintiffs 2515 Thurman, LLC and Brian Haydel’s (1) Motion to Compel Responses to Form Interrogatories, Set One, and for Monetary Sanctions; and (2) Motion Deeming Requests for Admission, Set One, Admitted and for Monetary Sanctions are DENIED. PLAINTIFFS AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $800.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER. 

Court clerk to give notice.