Judge: Michael E. Whitaker, Case: 20STCV43498, Date: 2023-04-21 Tentative Ruling

Case Number: 20STCV43498    Hearing Date: April 21, 2023    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely (which is highly encouraged).  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

MOTIONS

            Plaintiff Karine Bekverdyan (Plaintiff) moves to compel responses from Defendant Aram Borisovich Javadyan (Defendant) to Form Interrogatories, set one (FROG); Special Interrogatories, set one (SROG); and Request for Production of Documents, set one (RPD).  Plaintiff also moves to deem admitted the matters specified in Requests for Admission, set one (RFA). Defendant filed untimely oppositions to the motions.

            Preliminarily, the Court notes that although Plaintiff has attached copies of Defendant’s unverified responses to the FROG, SROG, RPD and RFA, Plaintiff has failed to advance the subject discovery requests themselves, or the attendant proofs of service.  In order to prevail on a motion to compel discovery, the moving party must show a set of discovery was properly served on the opposing party.  (See Leach v. Superior Court, 111 Cal.App.3d 902, 905-906.)  Plaintiff has failed to establish here that the FROG, SROG, RPD and RFA were properly served on Defendant. 

            However, at a hearing on April 19, 2023 regarding a different set of motions, the parties, through their counsel of record, agreed to the following: (1) Defendant acknowledged that the subject discovery requests were served on, and received by, Defendant, and (2) in exchange, Plaintiff agreed to waive the requests for monetary sanctions.  Based on the agreement, the Court will address the merits of the motions, less the requests for monetary sanctions. 

ANALYSIS

Pursuant to Code of Civil Procedure section 2030.290, “[i]f a party to whom interrogatories are directed fails to serve a timely response . . . [t]he party to whom the interrogatories are directed waives 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 the protection for work product under Chapter 4 (commencing with Section 2018.010.  . . .   [and] The party propounding the interrogatories may move for an order compelling response to the interrogatories.”  (Code Civ. Proc., § 2030.290, subds. (a)-(b).)  

            Similarly, under Code of Civil Procedure section 2031.300, “[i]f 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 under Chapter 4 (commencing with Section 2018.010.  . . .   [and] The party making the demand may move for an order compelling response to the demand.  (Code Civ. Proc., § 2031.300, subds. (a)-(b).)  

            Under Code of Civil Procedure section 2033.280, subdivision (a), “[i]f a party to whom requests or admission are directed fails to serve a timely response . . .  [t]he party to whom the requests for admission are directed waives any objection to the requests, including one based on privilege or on the protection for work product[.]”  (Code Civ. Proc., § 2033.280, subd. (a).)  Where a party fails to respond to requests for admissions, the propounding 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.¿ (Code Civ. Proc., § 2033.280, subd. (b).)

Here, Plaintiff served the FROG, SROG, RPD and RFA on Defendant.  Defendant served the responses to the FROG, SROG, RPD and RFA on January 14, 2022.  However, Defendant’s responses to the subject discovery requests were unverified.  “Unsworn responses are tantamount to no responses at all.” (Appleton v. Superior Court¿(1988) 206 Cal.App.3d 632, 636.)  Accordingly, the Court finds Defendant has failed to serve timely responses to the FROG, SROG, RPD and RFA.

CONCLUSION AND ORDER

Therefore, the Court grants Plaintiff’s motions to compel responses to the FROG, SROG and RPD per Code of Civil Procedure sections 2030.290 and 2031.300.  As such, the Court orders Defendant to serve verified responses to the FROG, SROG and RPD, without objections, within 30 days of notice of the Court’s orders.

Further, the Court grants Plaintiff’s motion to deem admitted matters specified in the RFA per Code of Civil Procedure section 2033.280, and orders the matters specified in the RFA admitted.

Plaintiff shall provide notice of the Court’s orders and file a proof of service of such.