Judge: Melissa R. Mccormick, Case: "Vasquez v. Herndon Priority LLC, et al.", Date: 2023-08-10 Tentative Ruling

Plaintiff Martha Vasquez’s Motion to Compel Responses to Form Interrogatories

Plaintiff Yang Liu moves to compel defendants Alonzo Herndon and Herndon Priority LLC to provide responses to plaintiff’s Form Interrogatories (Set One).  Defendants have not served responses to the Form Interrogatories (Set One).  For the following reasons, plaintiff’s unopposed motion is granted.

Due to defendants’ failure to serve timely responses to the interrogatories, defendants have “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).  Defendants Alonzo Herndon and Herndon Priority LLC shall provide responses, without objections, to plaintiff’s Form Interrogatories (Set One) by August 21, 2023.

Plaintiff’s request for sanctions is granted.  Defendants Alonzo Herndon and Herndon Priority LLC shall pay sanctions in the amount of $360.00 to plaintiff by August 21, 2023.  See, e.g., Cal. Civ. Proc. Code § 2023.010(d); id. § 2030.290(c).

Plaintiff to give notice.

Plaintiff Martha Vasquez’s Motion to Compel Responses to Requests for Production

Plaintiff Martha Vasquez moves to compel defendants Alonzo Herndon and Herndon Priority LLC to provide responses to plaintiff’s Requests for Production (Set One).  Defendants have not served responses to plaintiff’s Requests for Production (Set One).  For the following reasons, plaintiff’s unopposed motion is granted.

Due to defendants’ failure to serve timely responses to the requests, defendants have “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).  Defendants Alonzo Herndon and Herndon Priority LLC shall produce documents and provide responses, without objections, to plaintiff’s Requests for Production (Set One) by August 21, 2023.

Plaintiff’s request for sanctions is granted.  Defendants Alonzo Herndon and Herndon Priority LLC shall pay sanctions in the amount of $360.00 to plaintiff by August 21, 2023.  See, e.g., Cal. Civ. Proc. Code § 2023.010(d); id. § 2031.300(c).

Plaintiff to give notice.

Plaintiff Martha Vasquez’s Motion to Deem Requests for Admissions Admitted

Plaintiff Martha Vasquez moves to deem admitted the truth of the matters specified in plaintiff’s Requests for Admissions (Set One) to defendant Alonzo Herndon.  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 $360.00 against defendant.  Defendant Alonzo Herndon shall pay the sanctions to plaintiff by August 21, 2023.

Plaintiff to give notice.

Plaintiff Martha Vasquez’s Motion to Deem Requests for Admissions Admitted

Plaintiff Martha Vasquez moves to deem admitted the truth of the matters specified in plaintiff’s Requests for Admissions (Set One) to defendant Herndon Priority LLC.  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 $360.00 against defendant.  Defendant Herndon Priority LLC shall pay the sanctions to plaintiff by August 21, 2023.

Plaintiff to give notice.