Judge: Maurice A. Leiter, Case: 22STCV33077, Date: 2023-08-10 Tentative Ruling

Case Number: 22STCV33077    Hearing Date: August 10, 2023    Dept: 54

Hearing Date: August 10, 2023

Department 54, Judge Maurice A. Leiter

Motion to Compel Responses to Discovery;

Motion to Deem RFAs Admitted

Moving Party: Plaintiffs Arleth Villanueva and Valdez Hernandez

Responding Party: Defendant General Motors, LLC

T/R:      PLAINTIFF’S MOTIONS ARE DENIED.

                PLAINTIFF TO NOTICE.

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.

The Court considers the moving papers, oppositions and reply.

“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 demandIf a party fails to provide a timely response to a request for admission (“RFAs”), 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).) 

Plaintiffs move to compel responses to RPDs and to deem RFAs admitted against Defendant. In opposition, Defendant represents that responses have been served. The motions are DENIED as MOOT.

The Court declines to award sanctions as the motions should have been taken off calendar after responses were served.