Judge: Michael Shultz, Case: 22CMCV00089, Date: 2023-02-16 Tentative Ruling
Case Number: 22CMCV00089 Hearing Date: February 16, 2023 Dept: A
22CMCV00089
Juan Carlos Garcia dba Fany Claire, Inc. v. Sewby, LLC
[TENTATIVE] ORDER
GRANTING PLAINTIFF’S MOTION TO COMPEL DEFENDANT’S RESPONSES TO FORM
INTERROGATORIES, SET ONE AND REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE;
REQUEST FOR MONETARY SANCTIONS
[TENTATIVE]
ORDER GRANTING PLAINTIFF’S MOTION FOR ORDER DEEMING ADMITTED TRUTH OF FACTS AND
IMPOSING MONETARY SANCTIONS AGAINST DEFENDANT
I.
BACKGROUND
This
action arises from an alleged breach of contract requiring Defendant to pay for
face masks ordered from Plaintiff. Plaintiff filed these motions to compel
Defendant’s responses to discovery served on August 19, 2022. Plaintiff has met
and conferred with Defendant on five occasions. Defendant did not serve
responses and did not file a written opposition to the motions. (Decl
of Jonathan B. Teperson, ¶¶ 2-5).
II.
DISCUSSION
a.
Form Interrogatories, Set One and
Request for Production of Documents, Set One
Where a party fails to timely respond to a Form Interrogatories
and Request for 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). Accordingly, the Court GRANTS the motion to compel Defendant’s
responses.
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 has served responses, 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 Set One of Form
Interrogatories and Request for Production of Documents within 15 days. The
Court imposes monetary sanctions against Defendant, Sewby, LLC, in the amount
of $350 ($175 per hour) payable to the Plaintiff within 15 days.
The Court deems the
Requests for Admission admitted against Defendant. Monetary sanctions are
imposed against Defendant, Sewby, LLC, in the amount of $175.00 payable to the
Plaintiff within 15 days.