Judge: Michael Shultz, Case: 21CMCV00218, Date: 2022-08-04 Tentative Ruling

Case Number: 21CMCV00218    Hearing Date: August 4, 2022    Dept: A

21CMCV00218 Norma Delgadillo v. Jorge Hernandez Bermudez, et al.

Thursday, August 4, 2022 at 8:30 a.m.

[TENTATIVE] ORDER GRANTING PLAINTIFF’S THREE MOTIONS TO COMPEL FURTHER RESPONSES TO SET ONE OF FORM INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS, AND FOR AN ORDER DEEMING ADMITTED, SET ONE OF REQUESTS FOR ADMISSION; REQUEST FOR MONETARY SANCTIONS

The verified complaint alleges that Plaintiff took title to the property at issue, located at 1026 Greenhedge Street in Torrance pursuant to an interspousal transfer deed. Plaintiff alleges that Defendants forged her signature on a grant deed purporting to grant Jorge Hernandez (now in default) a five percent interest in the property, leaving the remainder to Plaintiff. After a number of transfers of the property between Defendants, the properly was transferred to Jorge Altamarino as Trustee of two trusts. Plaintiff alleges the transfer deed contains a patent defect in the legal description of the property, rendering the transfer ineffective. The complaint alleges causes of action for (1) quiet title and (2) declaratory relief.

The court’s file reflects that on October 18, 2021, the court entered the default of Raul Altamarino, in his capacity as Trustee of the Julio Alberto Ramos Trust and as Trustee of the Jorge Hernandez Bermudez Trust. Raul Altamarino, in his individual capacity (“Defendant”), filed an answer to the complaint on December 27, 2021.

On July 1, 2022, Plaintiff filed two motions to compel Defendant Altamirano’s response to written discovery served on February 9, 2022. Defendant Altamirano did not respond to discovery or Plaintiff’s efforts to meet and confer. Additionally, Defendant Altamirano did not respond to Requests for Admission served on February 9, 20221. Plaintiff’s third motion requests an order to deem them admitted.

Although Plaintiff timely served Defendant Altamirano with these discovery motions, Defendant did not file an opposition. 

            Where a party fails to timely respond to a request for response to interrogatories and production of documents, the court has authority to compel a response. Code Civ. Proc., § 2030.290 (b), § 2031.300(b). Untimely responses result in a waiver of objections. Code Civ. Proc., § 2030.290(a), § 2031.300(a). Plaintiff has not responded to any of the written discovery. Declaration of Hector Perez, ¶ 3. Accordingly, an order granting the two motions to compel discovery responses to Form Interrogatories and Request for Production of Documents is warranted, including imposition of monetary sanctions.

            Where a party fails to respond to requests for admission, the court can deem the requests admitted against the non-responding party. Code Civ. Proc., § 2033.280(c). Plaintiff failed to serve responses to the Requests for Admission, Set One. Id. Accordingly, the court deems the requests admitted against Defendant, Raul Altamarino.

            Based on the foregoing, the court GRANTS all three motions. The Requests for Admission served on Defendant are deemed admitted. Defendant is ordered to serve verified responses without objection to Form Interrogatories, Set One and Request for Production of Documents, Set One within 10 days after notice of the court’s ruling. Code Civ. Proc., §2030.290(b), § 2031.300(b). Imposition of sanctions is warranted for Defendant’s failure to timely respond to authorized methods of discovery. Code Civ. Proc., § 2030.290(c), 2031.300(c). With respect to the motion regarding requests for admission, imposition of sanctions is mandatory where a party’s failure to respond necessitates the motion. Code Civ. Proc., § 2033.280.

            Therefore, the court imposes monetary sanctions of $ 860.00 for each motion against Defendant, Raul Altimarino, for fees and costs incurred to prepare the motions. Since neither an opposition nor a reply were filed, fees are not allocated for that purpose. Sanctions are payable to Plaintiff within 10 days of notice of the court’s ruling.