Judge: Maurice A. Leiter, Case: 23STLC01105, Date: 2024-09-09 Tentative Ruling

Case Number: 23STLC01105    Hearing Date: September 9, 2024    Dept: 54

Hearing Date: September 9, 2024

Department 54, Judge Maurice A. Leiter

Motion to Deem Requests for Admission Admitted;

(2) Motions to Compel Responses to Discovery

Moving Party: Cross-Defendant Giselle Rodriguez

Responding Party: Cross-Complainant Tuyen Kim Nguyen

T/R:      CROSS-DEFENDANT'S MOTIONS ARE CONTINUED TO OCTOBER 25, 2024 AT 9:00AM.

CROSS-COMPLAINANT TO SERVE RESPONSES TO THE SUBJECT DISCOVERY NO LATER THAN OCTOBER 11, 2024.

CROSS-DEFENDANT TO FILE A DECLARATION STATING WHETHER RESPONSES HAVE BEEN SERVED NO LATER THAN OCTOBER 18, 2024.

CROSS-DEFENDANT 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, opposition and reply.

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).) 

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 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).)

Plaintiff/Cross-Defendant Giselle Rodriguez moves compel responses to FIs and RPDs, set one, and to deem RFAs, set one, admitted against Defendant/Cross-Complainant Tuyen Kim Nguyen. Cross-Defendant served the subject discovery on January 5, 2024. Responses were due on February 9, 2024. As of the filing of these motions, Cross-Defendant has not received responses.

In opposition, Cross-Complainant, who is unrepresented by counsel, states that she does not have knowledge of Cross-Defendant's underlying claims (which have since been dismissed), that she did not receive the subject discovery and that all information in her possession is alleged in the cross-complaint.

As Cross-Complainant claims that she did not receive the discovery, the Court will continue the motions to allow Cross-Complainant to respond. The Court notes that while the cross-complaint remains active, Cross-Complainant must respond to discovery.

Cross-Defendant's motions are CONTINUED to October 25, 2024 at 9:00 am. Cross-Complainant to serve responses to the subject discovery no later than October 11, 2024. Cross-Defendant to file a declaration stating whether responses have been served no later than October 18, 2024.