Judge: Maurice A. Leiter, Case: 20STCV48450, Date: 2022-08-24 Tentative Ruling

Case Number: 20STCV48450    Hearing Date: August 24, 2022    Dept: 54

Hearing Date: August 24, 2022

Department 54, Judge Maurice A. Leiter

(6) Motions to Compel Responses to Discovery;

(3) Motions to Deem RFAs Admitted

Moving Party: Cross-Defendant Haifeng Wu

Responding Party: None

T/R:  CROSS-DEFENDANT’S MOTIONS TO COMPEL RESPONSES TO DISCOVERY FROM CROSS-COMPLAINANTS ANGELINA LEO AND STEVEN NIA ARE GRANTED.

CROSS-DEFENDANT’S MOTIONs TO DEEM REQUESTS FOR ADMISSIONS ADMITTED AGAINST LEO AND NIA are GRANTED.  

CROSS-DEFENDANT’S REQUESTS FOR ADMISSION ARE CONCLUSIVELY ESTABLISHED AGAINST LEO AND NIA.

CROSS-COMPLAINANTS TO SERVE VERIFIED RESPONSES TO THE SUBJECT DISCOVERY, WITHOUT OBJECTION, WITHIN 30 DAYS OF NOTICE OF RULING.

CROSS-DEFENDANT’S REQUESTS FOR SANCTIONS ARE GRANTED IN THE REDUCED AMOUNT OF $660.00 PER CROSS-COMPLAINANT, FOR A TOTAL OF $1320.00, PAYABLE WITHIN 30 DAYS.

CROSS-DEFENDANT’S MOTIONS TO DEEM REQUESTS FOR ADMISSIONS ADMITTED AND TO COMPEL RESPONSES TO DISCOVERY FROM W1, INC. ARE CONTINUED TO OCTOBER 19, 2022 AT 9:00AM.

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.

CROSS-DEFENDANT TO NOTICE.

            The Court considers the moving papers. No oppositions have been received.

“If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it. . .  [t]he party to whom the demand for inspection, copying, testing, or sampling is directed waives any objection to the demand, including one based on privilege or on the protection for work product. . . .  The party making the demand may move for an order compelling response to the demand.”  (CCP § 2031.300(a)–(b).) 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).) 

Cross-Defendant Haifeng Wu moves to deem RFAs admitted and to compel responses to FIs and RPDs from Cross-Complainants Angelina Leo and Steven Nia. Cross-Defendant served the subject discovery on April 15, 2022. Responses were due on June 9, 2022. As of the filing of the motions, Cross-Defendant has not received responses. Cross-Complainants have not opposed these motions to show that responses have been served. The motions against Angelina Leo and Steven Nia are GRANTED.

            Cross-Defendant requests either $960.00 or $810.00 in sanctions for each of the motions. Counsel’s hourly rate is $300.00. As motions are largely duplicative the Court will allow one hour of attorney time for each Cross-Complainant. Cross-Defendant’s requests are GRANTED in the reduced amount of $660.00 per Cross-Complainant, for a total of $1320.00.

Cross-Defendant also moves to deem RFAs admitted and to compel responses to FIs and RPDs from W1 Inc. W1 Inc. is currently an unrepresented corporation and cannot respond to this motion. The Court will CONTINUE these motions to October 19, 2022 at 9:00 am to be heard with Cross-Defendant’s motion to strike W1’s answer and cross-complaint.