Judge: Matthew C. Braner, Case: 37-2022-00033772-CU-OR-CTL, Date: 2023-09-08 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - September 07, 2023

09/08/2023  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Unlimited  Other Real Property Discovery Hearing 37-2022-00033772-CU-OR-CTL BUNAG VS MACAPUGAY [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiffs Joselito and Maria Bunag's motion to compel responses to form interrogatories, special interrogatories, requests for production of documents, and to deem facts admitted is GRANTED.

As of September 7, 2023, Defendant Reynaldo Macapugay has not filed an opposition to Plaintiffs' motion. Pursuant to this court's local rules, this failure to respond may be regarded as a concession that Plaintiffs' motion has merit. (See San Diego Superior Court Local Rule 2.1.19, subd. (B).) However, it cannot be deemed an admission that sanctions should be awarded. (CRC 3.1348, subd. (b).) Plaintiffs' counsel attests that Defendant was properly served sets of form interrogatories, special interrogatories, requests for production of documents, and requests for admission on January 23, 2023, but Defendant did not serve timely responses and still has not served responses. In the absence of timely responses to interrogatories and requests for production, objections are waived, including objections based on privilege. (Code Civ. Proc., §§ 2030.290, 2031.300.) Defendant has not provided any reason for refusing to respond to Plaintiff's discovery requests. Therefore, Defendant will be compelled to respond to Plaintiffs' form interrogatories (set one), special interrogatories (set one), and requests for production (set one), and any objections raised by Defendant are considered waived.

With respect to the request to have the requests for admission deemed admitted, Plaintiff's counsel attests Plaintiff propounded the requests on Defendant on January 23, 2023; as of the filing of Plaintiff's motion, no responses have been received. Accordingly, the court must grant the request, and it must impose a monetary sanction on Defendant. (Code Civ. Proc., § 2033.280, subd. (c).) Plaintiff requests a sanction of $2170 for 6.2 hours of attorney time at $350 per hour. Although the proposed fee rate is reasonable, the estimated hours are not. Considering that no opposition or reply was filed, 2 hours of work time is more in line with this kind of simple, straightforward motion. The court will therefore impose a sanction of $700 on Defendant and his counsel of record.

Plaintiff's Requests for Admissions, Set One, are deemed admitted against Defendant Reynaldo Macapugay.

Defendant is compelled to provide verified responses to Plaintiff's form interrogatories (set one), special interrogatories (set one), and requests for production (set one), no later than September 22, 2023.

Defendant and his counsel of record are also ordered to pay monetary sanctions to Plaintiff in the amount of $700.00 by September 22, 2023.

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3002360  20 CASE NUMBER: CASE TITLE:  BUNAG VS MACAPUGAY [IMAGED]  37-2022-00033772-CU-OR-CTL The minute order is the order of the court.

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3002360  20