Judge: Michael E. Whitaker, Case: 22SMCV02713, Date: 2023-11-21 Tentative Ruling

Case Number: 22SMCV02713    Hearing Date: January 23, 2024    Dept: 207

TENTATIVE RULING

MOTIONS

            Defendant SM 10000 Property, LLC (“Defendant”) moves to compel responses from Plaintiff Seyed Farid Hajmirsadeghi (“Plaintiff”) to Form Interrogatories (Set Two) (“FROG-2”); Request for Production of Documents (Set Two) (“RPD-2”); and Special Interrogatories (Set Two) (“SROG-2”).  In addition, Defendant moves to deem admitted the truth of the matters in Requests for Admission (Set One) (“RFA-1”).  

Defendant also seeks monetary sanctions in connection with the motions.  Plaintiff has not filed oppositions to the motions.   

LEGAL STANDARDS

1.      Interrogatories

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).) 

2.      Requests for Admission

             Pursuant to 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).)

3.      Requests for Production

Pursuant to Code of Civil Procedure section 2031.300, subdivision (a), “[i]f a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response . . . [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).) 

ANALYSIS

1.      Discovery Requests

Defendant electronically served Plaintiff with the FROG-2, RFA-1, RPD-2 and SROG-2 on August 28, 2023.  (See Declarations of John C. Goodman ¶¶ 4-5 and Exhibits thereto.)  Plaintiff did not respond to the subject discovery requests.  (Goodman Decl. ¶ 6.)  Accordingly, the Court finds that Plaintiff has failed to serve responses to the FROG-2, RFA-1, RPD-2 and SROG-2.

2.      Monetary Sanctions

Defendant requests monetary sanctions in connection with the motions.  The Court finds Plaintiff’s failure to respond to the FROG-2, RFA-1, RPD-2 and SROG-2 to be an abuse of the discovery process, warranting monetary sanctions.  (See Code Civ. Proc., §§ 2023.010, subd. (d), 2030.290, subd. (c), 2033.280, subd. (c).)  Accordingly, the Court will impose monetary sanctions against Plaintiff in the amount of $1,250.00, which represents 5 hours of attorney time to prepare the moving papers and attend the hearing, at $250 per hour.   

CONCLUSION AND ORDER

Therefore, the Court grants Defendant’s motions to compel responses to FROG-2, SROG-2 and RPD-2 per Code of Civil Procedure sections 2030.290 and 2031.300.  As such, the Court orders Plaintiff to serve verified responses to FROG-2, SROG-2 and RPD-2, without objections, within 30 days of notice of the Court’s orders.

Further, the Court grants Defendant’s motion to deem admitted the truth of matters specified in RFA-1 per Code of Civil Procedure section 2033.280, and deems admitted the matters specified in RFA-1 propounded to Plaintiff.

Further, the Court orders Plaintiff to pay monetary sanctions in the amount of $1,250, by and through counsel for Defendant, within 30 days of notice of the Court’s orders.

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

DATED:  January 23, 2024                           ________________________________

                                                                        Michael E. Whitaker

                                                                        Judge of the Superior Court