Judge: Martha K. Gooding, Case: 21-01223241, Date: 2023-06-12 Tentative Ruling
Motion to Compel Response to Requests for Admissions
The Court GRANTS the Motion by Plaintiff Benito Bello Leon (“Plaintiff”) to compel further responses by Defendant Panda Motors dba California Motors Direct (“Defendant”) to Plaintiff’s Requests for Admissions, Set One, as to Nos. 1, 2, 6, 7, and 8. Otherwise, the Motion is DENIED.
Defendant is ordered to provide further verified, Code-complaint responses to Nos. 1, 2, 6, 7 and 8 within 20 days of notice of this Order, without objections.
Legal Standard
Where responses have been timely served but are deemed deficient by the requesting party (e.g., because of objections or evasive responses), the requesting party may move for an order compelling a further response. [CCP § 2033.290; see Wimberly v. Derby Cycle Corp. (1997) 56 CA4th 618, 636—requesting party not entitled to shifting of costs and expenses of proof for responding party's objections to RFA because requesting party made no motion to compel further response].
Merits
The Motion is granted as to Nos. 1, 2, 6, 7, and 8. Defendant did not meet its burden of justifying any of the objections. Thus, further responses must be provided without objections. Defendant is ordered to provide further verified, Code-complaint responses within 20 days of notice of this Order, without objections.
The Motion is denied as to Nos. 3, 4, and 5. Defendant’s objections are sustained.
The Court declines to award sanctions as the results on the Motion are mixed. Moreover, the Court notes that, although the motion addressed why further responses should be ordered, the Separate Statement did not fully comply with CRC 3.1345(c).
Finally, the Court orders Plaintiff’s lead trial counsel to attend the hearing to address the lack of civility and professionalism in Plaintiff’s response to Ms. Sirey’s email. See Sirey Dec. ¶ 6, Exh. 4 (“This isn’t a maternity ward, its [sic] the practice of law. Conduct yourself accordingly.”).
Plaintiff is ordered to give notice.