Judge: Olivia Rosales, Case: 19NWCV00396, Date: 2022-08-02 Tentative Ruling

Case Number: 19NWCV00396    Hearing Date: August 2, 2022    Dept: SEC

CREDITORS ADJUSTMENT BUREAU, INC. v. EMPIRE CONTAINER FREIGHT STATION, INC., et al.

CASE NO.:  19NWCV00396

HEARING: 8/2/22 @ 10:30 AM

JUDGE:  MARGARET M. BERNAL

#3

TENTATIVE RULING

I.             Plaintiff Creditors Adjustment Bureau, Inc.’s unopposed motion to compel Defendant’s responses to Plaintiff’s third set of form interrogatories is GRANTED.  Defendant Empire Container Freight Station, Inc. is ordered to provide responses, without objections, within 20 days.

II.            Plaintiff Creditors Adjustment Bureau, Inc.’s unopposed motion for order that matters be deemed admitted is GRANTED.  The truth of the matters specified in Plaintiff’s request for admissions is deemed admitted.

Reduced sanctions are imposed against Defendant Empire Container Freight Station, Inc. and counsel, jointly and severally, in the reasonable sum of $1,000.00, payable within 30 days.

Moving Party to give NOTICE.

Plaintiff Creditors Adjustment Bureau, Inc. moves to compel responses to form interrogatories, and request for admissions pursuant to CCP §§ 2030.290 and 2033.280. 

CCP § 2030.290(b) allows the propounding party to file a motion to compel responses to interrogatories if a response has not been received.  If responses are untimely, responding party waives objections.  (CCP § 2030.290(a).)  CCP § 2033.280(b) and (c) allow the propounding party to file a motion requesting that the truth of any matters specified in the request for admissions be deemed admitted, unless the party to whom the requests have been directed has served before the hearing a proposed response that is in substantial compliance.

On April 6, 2022, Plaintiff served form interrogatories, and request for admissions.  Defendant failed to serve timely responses. 

Accordingly, the motions are GRANTED.  Defendant is ordered to provide responses, without objections, within 20 days.  The truth of the matters specified in Plaintiff’s request for admissions is deemed admitted.

Sanctions:  CCP §§ 2023.010(d) and 2030.290(c) authorize the court to impose sanctions for failure to respond to discovery without substantial justification.   CCP § 2033.280 makes the imposition of sanctions mandatory if a party fails to serve a timely response to requests for admission.

Sanctions are warranted because Defendant failed to serve timely responses.  Further, sanctions are mandatory because Defendant failed to respond to requests for admissions.  The court finds Plaintiff’s total request of $3,144.54 is excessive.  Instead, reduced sanctions are imposed against Defendant Empire Container Freight Station, Inc. and counsel, jointly and severally, in the reasonable sum of $1,000.00, payable within 30 days.