I. MOTIONS TO COMPEL 

A. Background  

Defendant Los Angeles Community College District ("Defendant”) propounded supplemental interrogatories, set one, special interrogatories, set two, and request for production of documents (“RPDs”), set two, and request for admissions, set two, on plaintiff Graham Kaye (“Plaintiff”) on January 30, 2023. To date, Plaintiff has not served responses to Defendant’s discovery. Defendant therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions.  

Any opposition was due on or before May 8, 2024; none have been filed. 

C. Discussion & Conclusion 

In terms of the request to compel responses to RFAs, set two, the remedy for failure to serve responses to RFAs is to seek it to be deemed admitted pursuant to CCP § 2033.280(b). CCP § 2033.280 does not contain a provision allowing a party to seek compelled responses. Thus, the Court’s order regarding Defendant’s motions to compel is limited to the interrogatories and RPDs. 

Because the evidence shows Plaintiff was properly served with discovery and failed to respond, Defendant’s unopposed motions are GRANTED as to the interrogatories and RPDs. Plaintiff is ordered to serve verified responses to defendant Los Angeles Community College District’s (1) supplemental interrogatories, set one, (2) special interrogatories, set two, and (3) RPDs, set two, all without objections, within twenty (20) days. (CCP §§ 2030.290(a),(b), 2031.300(a),(b).) 

The motion to compel verified responses to RFAs, set two, is DENIED for the reasons stated above.  

II. DEEM REQUEST FOR ADMISSIONS ADMITTED 

Defendant propounded requests for admissions (“RFAs”), set two, on Plaintiff on January 30, 2023. Defendant avers that Plaintiff has not served responses to date. Defendant therefore seek an order deeming the RFAs admitted.   

Plaintiff has not filed any opposition to the motion, nor has Plaintiff otherwise demonstrated that a response to the RFAs were served in substantial compliance with Section 2033.220. A failure to oppose a motion may be deemed a consent to the granting of the motion. (CRC, Rule 8.54.) Defendant’s unopposed motion is therefore GRANTED.   

Accordingly, defendant Los Angeles Community College District’s RFAs, set two, is deemed admitted against Plaintiff. (CCP §2033.280(b).)     

III. SANCTIONS 

Sanctions are mandatory against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response, unless a court makes certain findings.¿ (Code Civ. Proc., § 2030.290(c), 2031.300(c).) Plaintiff did not file any opposition. However, sanctions may be awarded, even though no opposition was filed, pursuant to CRC 3.1348(a). Further, Where a party fails to provide a timely response to requests for admission, “[i]t is mandatory that the court impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.” (CCP § 2033.280, subd. (c).) Defendant seeks sanctions in the amount of $4,500 for each motion.   

A court has discretion to award sanctions that are “suitable and necessary to enable the party seeking discovery to obtain the objects of the discovery he seeks” but they should not be punitive in nature or levied for the purposes of punishing an offending party. (Vallbona v. Springer (1996) 43 Cal.App.4th 1525, 1545.)         

Defendant is awarded 1 hour to prepare each motion to compel responses at the reduced rate of $200 per hour, for a total of $800 in attorney fees.  

Sanctions are sought and imposed against Plaintiff and/or Plaintiff’s attorney of record, jointly and severally. Plaintiff and/or Plaintiff’s counsel are ordered to pay sanctions to defendant Los Angeles Community College District, by and through counsel of record, in the total amount of $800 within twenty (20) days. 

Moving party is ordered to give notice.   

PLEASE TAKE NOTICE: 

Dated this 20th day of May 2024