Judge: Michael Shultz, Case: 22CMCV00272, Date: 2024-01-23 Tentative Ruling

INSTRUCTIONS: If the parties wish to submit on the tentative ruling and avoid a court appearance on the matter, the moving party must:

1. Contact the opposing party and all other parties who have appeared in the action and confirm that each will submit on the tentative ruling.

2. No later than 4:00 p.m. on the court day before the hearing, call the Courtroom (310-761-4302) advising that all parties will submit on the tentative ruling and waive hearing; and

3. Serve notice of the Court's ruling on all parties entitled to receive service.

If this procedure is followed, when the case is called the Court will enter its ruling on the motion in accordance with its tentative ruling. If any party declines to submit on the tentative ruling, then no telephone call is necessary, and all parties should appear at the hearing. If there is neither a telephone call nor an appearance, then the matter may either be taken off calendar or ruled on. 

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Case Number: 22CMCV00272    Hearing Date: January 23, 2024    Dept: A

22CMCV00272 Robert Penfield v. Chanda Zaveri, et al.

Tuesday, January 23, 2024, at 8:30 a.m.

[TENTATIVE] ORDER GRANTING MOTION BY DEFENDANT, CHANDA ZAVERI, TO COMPEL PLAINTIFF TO RESPOND TO FORM INTERROGATORIES, SET ONE, AND REQUEST FOR SANCTIONS

[TENTATIVE] ORDER GRANTING MOTION BY DEFENDANT, CHANDA ZAVERI, TO DEEM ADMITTED THE FIRST OF REQUESTS FOR ADMISSION PROPOUNDED TO PLAINTIFF AND REQUEST FOR SANCTIONS

      This action arises from Defendants’ alleged breach of a promissory note for $540,000. Plaintiff alleges one cause of action for breach of contract for the $290,000 balance due.

      Defendant, Chanda Zaveri, served form interrogatories and requests for admission on Plaintiff on October 17, 2023. Although Defendant permitted one extension, Plaintiff failed to respond. The motions were timely served on October 17, 2023, but Plaintiff did not file an opposition.

       Where a party fails to timely respond to 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).)  

      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).)

      Plaintiff did not file an opposition showing substantial justification for failing to respond to written discovery. Accordingly, both motions are GRANTED. Plaintiff is ordered to serve verified responses without objection to the first set of form interrogatories within 10 days. The requests for admission are deemed admitted against Plaintiff.