Judge Olivia Rosales, Case 21NWCV00081 2022-07-27 Tentative Ruling

Judge: Olivia Rosales, Case: 21NWCV00081, Date: 2022-07-27 Tentative Ruling

DEPARTMENT SE-C LAW & MOTION PROCEDURES ARE AS FOLLOWS: APPEARANCES: The Court will hear oral arguments on all matters at the scheduled time of hearing. If all counsel intend to submit on the Tentative Order and do not want oral argument, please advise the clerk, in Department “C”, by calling (562-345-3702). If all sides submit on the Tentative Order and the clerk is so advised, the Tentative Order will become the final order of the court and the prevailing party shall give written Notice of Ruling per CRC 3.1312. If the Moving and Responding parties do not agree to submit on the Tentative Order, the motion will be called as calendared for hearing. There is no need to contact Department “C”, as the matter will remain on calendar for hearing. If the Moving party does not call Department “C” to submit on the Tentative Order and there is no appearance by any party, then the motion(s), at the Court’s discretion, may be taken off calendar without ruling on the motion(s). ORDERS: The minute order reflecting the Court’s Order will constitute the final Order. No additional orders should be submitted to the Court for signature unless required by law or by the Court. Prevailing party shall give written Notice of Ruling per CRC 3.1312. Minute orders, which constitute the final Order of the Court, will only be sent to the parties via U.S. mail for the following: OSC re: sanctions, OSC re: contempt or matters taken under submission after oral arguments or briefing. Counsel or parties may request copies of all other minute orders/final orders either at the clerk’s office or in writing. If a request is in writing, a self-addressed stamped envelope and the appropriate fee for copies shall be submitted.

Case Number: 21NWCV00081 Hearing Date: July 27, 2022 Dept: SEC

SAYLER v. REYES

CASE NO.: 21NWCV00081

HEARING: 7/27/21 @ 1:30 PM

JUDGE: OLIVIA ROSALES

TENTATIVE RULING

I. Plaintiff Sayler’s unopposed motion to compel response to form interrogatories is GRANTED. Defendant Reyes is ordered to provide responses, without objections, within 20 days.

II. Plaintiff Sayler’s unopposed motion to compel response to special interrogatories is GRANTED. Defendant Reyes is ordered to provide responses, without objections, within 20 days.

III. Plaintiff Sayler’s unopposed motion to compel response to request for production of documents is GRANTED. Defendant Reyes is ordered to provide responses, without objections, within 20 days.

IV. Plaintiff Sayler’s unopposed motion for an order establishing admissions is GRANTED. The truth of the matters specified in Plaintiff’s request for admissions is deemed admitted.

Reduced sanctions are imposed against Defendant Reyes in the reasonable sum of $2,000.00, payable within 30 days.

Moving Party to give NOTICE.

Plaintiff Sayler moves to compel responses to form and special interrogatories, requests for production of documents, and request for admissions pursuant to CCP §§ 2030.290, 2031.300, and 2033.280.

CCP §§ 2030.290(b) and 2031.300(b) allow the propounding party to file a motion to compel responses to interrogatories and document demands if a response has not been received. If responses are untimely, responding party waives objections. (CCP §§ 2030.290(a) and 2031.300(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 8, 2022, Plaintiff served form and special interrogatories, request for production of documents, and request for admissions. Defendant Reyes failed to serve timely responses.

Accordingly, the motions are GRANTED. Defendant Reyes 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), 2030.290(c), and 2031.300(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 $5,040.00 is excessive. Instead, reduced sanctions are imposed against Defendant Reyes in the reasonable sum of $1,000.00, payable within 30 days.