Judge: Michael Shultz, Case: 21CMCV00124, Date: 2023-03-07 Tentative Ruling
Case Number: 21CMCV00124 Hearing Date: March 7, 2023 Dept: A
21CMCV00124
United Financial Casualty Company v. Kimberlee Moore
[TENTATIVE] ORDER
GRANTING PLAINTIFF’S MOTION TO COMPEL DEFENDANT’S RESPONSES TO FORM
INTERROGATORIES, SET ONE AND REQUEST FOR MONETARY SANCTIONS
[TENTATIVE]
ORDER GRANTING PLAINTIFF’S MOTION FOR ORDER DEEMING ADMITTED TRUTH OF MATTERS
SPECIFIED IN REQUESTS FOR ADMISSION AND IMPOSING MONETARY SANCTIONS
I.
BACKGROUND
The
complaint alleges that Plaintiff provided an insurance policy to Defendant.
Defendant suffered a covered loss, which Plaintiff paid. However, Plaintiff
determined that Defendant misrepresented the facts of the loss. Plaintiff seeks
reimbursement of $29,400.04. Plaintiff alleges claims for breach of contract
and common counts.
On
August 26, 2022, Plaintiff served Defendant with Form Interrogatories, Set One
and Requests for Admission, Set One.
Defendant did not respond although Plaintiff sent a meet and confer letter to
Defendant. (Decl
of Lee Mendelson, ¶ 4, Ex. 2).
II. DISCUSSION
a.
Form Interrogatories, Set One
Where a party fails to timely respond to a form interrogatories,
the court has authority to compel a response. (Code Civ. Proc., §2030.290(b)).
Untimely responses result in a waiver of objections. (Code Civ. Proc., §
2030.290(a)). Accordingly, the Court GRANTS the motion to compel Defendant’s
responses to Form Interrogatories.
b.
Requests for Admission, Set One
Where a party fails to respond to
requests for admission, the court can deem the requests admitted against the
non-responding party unless it finds that the non-responding party has
subsequently served, before the hearing, a proposed response to the requests
that substantially complies with statutory requirements. (Code Civ. Proc., § 2033.280 subd. (c)). Imposition
of sanctions is mandatory where a party’s failure to respond to the requests necessitates
the motion. (Code Civ. Proc., § 2033.280 subd. (c)).
As there is no evidence that
Defendant served responses to the requests, this motion is GRANTED.
III. CONCLUSION
Based
on the foregoing, both motions filed by Plaintiff are GRANTED. Defendant is ordered
to serve verified responses without objection to Form Interrogatories, Set One within
15 days. The Court imposes monetary sanctions (reduced) against Defendant, Kimberlee
Moore, in the amount of $535 ($475 x 1 hour + $60 filing fee) payable to the Plaintiff
within 15 days.
The Court deems the
Requests for Admission admitted against Defendant. Monetary sanctions are
imposed against Defendant, Kimberlee Moore, in the amount of $535 payable to
the Plaintiff within 15 days.