Judge: Michael Shultz, Case: 24CMCV00343, Date: 2024-08-27 Tentative Ruling
Case Number: 24CMCV00343 Hearing Date: August 27, 2024 Dept: A
24CMCV00343 Steen
Sprouffske v. George Moa, et al.
[TENTATIVE] ORDER GRANTINGT
I.
BACKGROUND
This is
a partition action between Plaintiff and Defendant, George Moa (“Moa”), each of
whom own an undivided, one-half interest in real property. On February 15,
1999, Defendant, City of Lynwood (“Lynwood”) recorded liens against the
property for nonpayment of water, sewer, and refuse collection. Plaintiff and
Lynwood signed a stipulation acknowledging the superiority of Lynwood’s liens and
agreeing that Lynwood’s participation in the action is not required. Lynwood
agreed to be bound by a judgment subsequently obtained. (Stip.
6/20/24.)
The
complaint alleges that Defendant, Nova Casualty Company (“Nova”) recorded an
abstract of judgment against Defendant Moa. The clerk entered default against
Nova on July 16, 2024.
II.
DISCUSSION
At the
July 10, 2024, status conference, the court ordered the parties to meet and
confer and file a Joint Status report no later than July 17, 2024, informing the
court if the discovery motion would go forward. (M.O.
6/10/24.) In compliance with the court’s order, Plaintiff and Moa filed a
joint meet and confer declaration wherein Moa agreed to provide responses to
discovery on or before August 12, 2024. (Jt.
Decl. 7/17/24.) Plaintiff requested a continuance of the hearing until
after that date in the event Moa did not serve verified responses. The court
has since continued the hearing on Plaintiff’s discovery motions to August 27,
2024. Moa did not file an opposition to Plaintiff’s motion, nor is there any
indication that Plaintiff agreed to take the motions off calendar.
Plaintiff
may propound interrogatories, request for production of documents, and requests
for admission without leave of court at any time that is 10 days after service
of summons or appearance by that party, whichever occurs first. (Code
Civ. Proc., § 2030.020 subd. (b).; Code
Civ. Proc., § 2031.020, subd. (b); Code
Civ. Proc., § 2033.020 subd. (b).) On April 3, 2024, Plaintiff personally
served Defendant Moa with summons and complaint and timely served written
discovery on April 24, 2024, consisting of requests for admission, and first
sets of form interrogatories, special interrogatories, and request for
production of documents. Moa did not respond to the discovery but filed his
answer on August 20, 2024.
Where a
party does not timely respond to interrogatories and a document request, 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).)
Where a
party does not 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
is entitled to an award of sanctions to prepare the motion and for appearance
at the hearing (3 hours) and $60 for filing. Plaintiff did not file a reply,
nor has Plaintiff established that the time for preparation of discovery is compensable.
Plaintiff is entitled to reasonable expenses, including attorney’s fees,
incurred by anyone as a result of the failure to respond to discovery. (Code
Civ. Proc., § 2023.030.)
V. CONCLUSION
Based
on the foregoing, Plaintiff’s motion is GRANTED. Defendant is ordered to serve
verified, code-compliant responses to form and special interrogatories and
request for production of documents without objection within 10 days. The
requests for admission are deemed admitted against Defendant.
The court
imposes sanctions of $1,260 (3 x $400 +$60) against Defendant Moa, payable to
Plaintiff within 10 days.