Judge Michael J. Strickroth, Case 2022-01283773 2023-08-14 Tentative Ruling

Judge: Michael J. Strickroth, Case: 2022-01283773, Date: 2023-08-14 Tentative Ruling

Motion to Compel Answers to Form Interrogatories

Defendant Heather Marie Arruda’s Motion to Compel Plaintiff Yolanda Cruz Gutierrez’s Responses to Form Interrogatories, Set One is GRANTED.

A party’s failure to timely respond to interrogatories or requests for production of documents results in a waiver of any objections to the requests. Code of Civil Procedure § 2030.290(a). If a party to whom interrogatories fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetary sanction. Code Civ. Proc § 2030.290(b). With regard to sanctions, the court “shall” impose a monetary sanction against the losing party on a motion to compel unless it finds that party acted “with substantial justification” or other circumstances render the sanction “unjust.” Code Civ. Proc. § 2030.290. No meet and confer is necessary when a party has failed to respond to the discovery.

On 12-1-22, Defendant served Plaintiff with Form Interrogatories, Set One. (Lyon Decl., ¶ 2, Ex. A.) Plaintiff failed to respond to the interrogatories. (Lyon Decl., ¶ 3.) On 2-2-23, Defendant’s counsel sent Plaintiff a meet and confer letter in an attempt to resolve this discovery issue. (Lyon Decl., ¶ 4, Ex. B.) Plaintiff did not respond.

At the time Plaintiff was served with the discovery, she was represented by Arik Shafir of Shafir Law, APC. On 1-10-23, Mr. Shafir substituted out as counsel for Plaintiff, and Plaintiff is now in pro per. Plaintiff was served with this motion on 2-16-23 by mail. The motion is unopposed. Accordingly, the motion to compel is granted. Plaintiff is to provide verified responses, without objections, to Defendant’s Form Interrogatories, Set One, within 20 days of this hearing. Sanctions in the amount of $660.00 are awarded to Defendant and her counsel of record, to be paid within 30 days of this hearing. Code Civ. Proc. § 2030.290.

Moving party to give notice.

Motion to Compel Answers to Special Interrogatories

Defendant Heather Marie Arruda’s Motion to Compel Plaintiff Yolanda Cruz Gutierrez’s Responses to Special Interrogatories, Set One is GRANTED.

A party’s failure to timely respond to interrogatories or requests for production of documents results in a waiver of any objections to the requests. Code Civ. Proc. § 2030.290(a). If a party to whom interrogatories fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetary sanction. Code Civ. Proc § 2030.290(b). With regard to sanctions, the court “shall” impose a monetary sanction against the losing party on a motion to compel unless it finds that party acted “with substantial justification” or other circumstances render the sanction “unjust.” Code Civ. Proc. § 2030.290. No meet and confer is necessary when a party has failed to respond to the discovery.

Accordingly, the motion to compel is granted. Plaintiff is to provide verified responses, without objections, to Defendant’s Special Interrogatories, Set One, within 20 days of this hearing. Sanctions in the amount of $660.00 are awarded to Defendant and her counsel of record, to be paid within 30 days of this hearing. Code Civ. Proc. § 2030.290.

Moving party to give notice.

Motion to Compel Production

Defendant Heather Marie Arruda’s Motion to Deem Facts Admitted as against Plaintiff Yolanda Cruz Gutierrez is GRANTED.

When a party makes an inspection demand under Code of Civil Procedure section 2031 and the party to whom the demand is directed fails to respond, the demanding party may move for an Order compelling a response and for monetary sanctions pursuant to Code of Civil Procedure section 2031.300. The party who fails to respond waives any objection to the demand, including one based on privilege or on the protection for work product under Section 2018(a) of the Code of Civil Procedure. Code Civ. Proc. § 2031.300(a).

On 12-1-22, Defendant served Plaintiff with Request for Production of Documents, Set One. (Lyon Decl., ¶ 2, Ex. A.) Plaintiff failed to respond to the interrogatories. (Lyon Decl., ¶ 3.) On 2-2-23, Defendant’s counsel sent Plaintiff a meet and confer letter in an attempt to resolve this discovery issue. (Lyon Decl., ¶ 4, Ex. B.) Plaintiff did not respond.

Accordingly, the motion to compel is granted. Plaintiff is to provide verified responses, without objections, to Defendant’s Request for Production of Documents, Set One, within 20 days of this hearing. Sanctions in the amount of $660.00 are awarded to Defendant and her counsel of record, to be paid within 30 days of this hearing. Code Civ. Proc. § 2031.300.

Moving party to give notice.

Motion to Deem Facts Admitted

Defendant Heather Marie Arruda’s Motion to Deem Facts Admitted as against Plaintiff Yolanda Cruz Gutierrez is GRANTED.

“If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply: . . . (b) The requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the request be deemed admitted, as well as for a monetary sanction under Chapter 7 (commencing with Section 2023.010.)” Code Civ. Proc. § 2033.280. It is mandatory that the court impose a monetary sanction on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion. Code Civ. Proc. § 2033.280(c).

On 12-1-22, Defendant served Plaintiff with Request for Admissions, Set One. (Lyon Decl., ¶ 2, Ex. A.) Plaintiff failed to respond to the interrogatories. (Lyon Decl., ¶ 3.) On 2-2-23, Defendant’s counsel sent Plaintiff a meet and confer letter in an attempt to resolve this discovery issue. (Lyon Decl., ¶ 4, Ex. B.) Plaintiff did not respond.

Plaintiff was served with this motion on 2-16-23 by mail. The motion is unopposed.

Accordingly, the motion is granted. As to Requests for Admission, set one, numbers 1-14, said facts are deemed admitted. Sanctions in the amount of $660.00 are awarded to Defendant and her counsel of record, to be paid within 30 days of this hearing. Code Civ. Proc. § 2033.280.

Moving party to give notice.