Judge: Martha K. Gooding, Case: 2020-01129890, Date: 2022-10-10 Tentative Ruling

1) Motion to Compel Answers to Form Interrogatories

2) Motion to Compel Answers to Form Interrogatories

3) Motion to Compel Answers to Special Interrogatories

4) Motion to Compel Answers to Special Interrogatories

5) Motion to Compel Production

6) Motion to Compel Production

7) Motion to Deem Facts Admitted

Plaintiff Michael Farah’s unopposed motions to compel responses from Defendants Grace A.C. Dearmin and Terese S. Harris (collectively, “Defendants”) to his form interrogatories, special interrogatories, and request for production of documents, are GRANTED.  Defendants are ordered to serve verified responses without objection to Plaintiff’s discovery requests within 20 days of the notice of the ruling. 

Plaintiff’s motion to deem facts admitted in response to its requests for admission propounded on Defendants is DENIED.

On November 10, 2021, Plaintiff served Defendants Grace Dearmin (both individually and as administrator) and Terese Harris with Form and Special Interrogatories, Requests for Production of Documents, and Requests for Admission. Responses were due no later than December 13, 2021. On February 4, 2022, Plaintiff sent a written Meet and Confer letter to Defendants’ Counsel out of professional courtesy, providing an extension through February 11, 2022. There was no response to the letter and as of March 25, 2022, Defendants had not responded to the discovery. (Vinci Decl., ¶¶ 2-4, and accompanying exhibits.) 

Defendants have not opposed the motions to compel responses to interrogatories and requests for production.  Plaintiff demonstrated that the discovery requests were served on Defendants, the deadline has passed, and no responses were served or have been served as of the date of the hearing.  Accordingly, orders compelling responses and production are appropriate. (See Code Civ. Proc., §§ 2030.290, 2031.300.)

Because Defendants opposed the motion to deem facts admitted and included their responses to the requests for admission that were served on Plaintiff on 7/11/22, that motion is denied. (Code Civ. Proc., § 2033.280(c).)

The Court imposes monetary sanctions against Defendants in the total amount of $2,945.01 ($981.67 per motion) payable to Plaintiff and his counsel within 30 days of the notice of ruling. (See Code Civ. Proc., §§ 2030.290(c), 2031.310(h), 2033.280(c), and 2023.010.) 

Plaintiff is ordered to give notice.