Judge Melissa R. Mccormick, Case Kirchner v. Smith 2022-10-06 Tentative Ruling

Judge: Melissa R. Mccormick, Case: Kirchner v. Smith, Date: 2022-10-06 Tentative Ruling

Plaintiff Debra Kirchner’s Motion to Compel Responses to Form Interrogatories

Plaintiff Debra Kirchner moves to compel defendant Charles Ernest Smith to provide responses to plaintiff’s Form Interrogatories (Set One). Defendant has not served responses to the Form Interrogatories (Set One). For the following reasons, plaintiff’s unopposed motion is granted.

Due to defendant’s failure to serve timely responses to the interrogatories, defendant has “waive[d] any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product . . . .” Cal. Civ. Proc. Code § 2030.290(a). Defendant Charles Ernest Smith shall provide responses, without objections, to plaintiff’s Form Interrogatories (Set One) by October 17, 2022.

Plaintiff’s request for sanctions is granted. Defendant Charles Ernest Smith shall pay sanctions in the amount of $510.00 to plaintiff by October 17, 2022. See, e.g., Cal. Civ. Proc. Code § 2023.010(d); id. § 2030.290(c).

Plaintiff to give notice.

Plaintiff Debra Kirchner’s Motion to Compel Responses to Special Interrogatories

Plaintiff Debra Kirchner moves to compel defendant Charles Ernest Smith to provide responses to plaintiff’s Special Interrogatories (Set One). Defendant has not served responses to the Special Interrogatories (Set One). For the following reasons, plaintiff’s unopposed motion is granted.

Due to defendant’s failure to serve timely responses to the interrogatories, defendant has “waive[d] any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product . . . .” Cal. Civ. Proc. Code § 2030.290(a). Defendant Charles Ernest Smith shall provide responses, without objections, to plaintiff’s Special Interrogatories (Set One) by October 17, 2022.

Plaintiff to give notice.

Plaintiff Debra Kirchner’s Motion to Compel Responses to Requests for Production

Plaintiff Debra Kirchner moves to compel defendant Charles Ernest Smith to provide responses to plaintiff’s Requests for Production (Set One). Defendant has not served responses to plaintiff’s Requests for Production (Set One). For the following reasons, plaintiff’s unopposed motion is granted.

Due to defendant’s failure to serve timely responses to the requests, defendant has “waive[d] any objection to the demand, including one based on privilege or on the protection for work product . . . .” Cal. Civ. Proc. Code § 2031.300(a). Defendant Charles Ernest Smith shall produce documents and provide responses, without objections, to plaintiff’s Requests for Production (Set One) by October 17, 2022.

Plaintiff’s request for sanctions is granted. Defendant Charles Ernest Smith shall pay sanctions in the amount of $510.00 to plaintiff by October 17, 2022. See, e.g., Cal. Civ. Proc. Code § 2023.010(d); id. § 2031.300(c).

Plaintiff to give notice.

Plaintiff Debra Kirchner’s Motion to Deem Requests for Admissions Admitted

Plaintiff Debra Kirchner move to deem admitted the truth of the matters specified in plaintiff’s Requests for Admissions (Set One) to defendant Charles Ernest Smith. Defendant has not served responses to the Requests for Admissions (Set One). Plaintiff’s unopposed motion is granted.

Due to defendant’s failure to serve responses to the requests, defendant has “waive[d] any objection to the requests, including one based on privilege or on the protection for work product . . . .” Cal. Civ. Proc. Code § 2033.280(a). Pursuant to section 2033.280(c), “[i]t is mandatory that the court impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated” the motion. Accordingly, because defendant’s failure to serve timely responses to plaintiff’s Requests for Admission caused the filing of the instant motion, the court grants plaintiff’s request for sanctions in the amount of $510.00 against defendant. Defendant Charles Ernest Smith shall pay the sanctions to plaintiff by October 17, 2022.

Plaintiff to give notice.