Judge: Maurice A. Leiter, Case: 20STCV40223, Date: 2022-11-07 Tentative Ruling

Case Number: 20STCV40223    Hearing Date: November 7, 2022    Dept: 54

Hearing Date: November 7, 2022

Department 54, Judge Maurice A. Leiter

Motion to Compel Responses to Discovery;

Motion to Deem RFAs Admitted

Moving Party: Defendant Hyundai Motor America

Responding Party: Plaintiffs Marcelo Olivas and Rosalinda Olivas

T/R:  DEFENDANT’S MOTIONS ARE DENIED.

DEFENDANT’S REQUESTS FOR SANCTIONS ARE DENIED.

If the parties wish to submit on the tentative, please email the courtroom at¿SMCdept54@lacourt.org¿with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing

DEFENDANT TO NOTICE.

            The Court considers the moving papers, opposition, and reply.

When timely responses to interrogatories are not received, “[t]he party propounding the interrogatories may move for an order compelling response to the interrogatories.”  (CCP § 2030.290(b).) If a party fails to provide a timely response to a request for admission, the party waives any objection to the requests.  (C.C.P. § 2033.280(a).)  Moreover, “[t]he requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction….”  (C.C.P. § 2033.280(b).) 

Defendant moves to compel responses to SIs and to deem RFAs admitted against Plaintiffs. Plaintiffs represent that that responses to SIs and RFAs have been served since the motion was filed. The motion is DENIED as MOOT.

Defendant requests that the Court issue sanctions. The Court declines to do so. This motion could have been resolved without court intervention and the motion should have been taken off calendar after responses were served.