Judge Olivia Rosales, Case 21NWCV00378 2022-12-06 Tentative Ruling

Judge: Olivia Rosales, Case: 21NWCV00378, Date: 2022-12-06 Tentative Ruling

Case Number: 21NWCV00378 Hearing Date: December 6, 2022 Dept: SEC

CHOI, et al. v. PARK, et al.

CASE NO.: 21NWCV00378

HEARING: 12/6/22 @ 9:30 AM

JUDGE: OLIVIA ROSALES

TENTATIVE RULING

Defendants Heseon and Seung Jun Park’s unopposed motion to: 1) deem requests for admission admitted, and 2) compel responses to form interrogatories (set one) is GRANTED. Plaintiff Jae Park 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 are imposed against Plaintiff Jae Park in the sum of $1,500.00, payable within 30 days.

Moving Parties to give NOTICE.

Defendants Heseon and Seung Jun Park move 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 May 25, 2022, Defendants served form interrogatories and request for admissions. Plaintiff failed to serve timely responses.

Accordingly, the motion is GRANTED. Plaintiff is ordered to provide responses, without objections, within 20 days. The truth of the matters specified in Defendant’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 Plaintiff failed to serve timely responses. Further, sanctions are mandatory because Plaintiff failed to respond to requests for admissions. The court finds Defendant’s total request of $1,500.00 is reasonable. Accordingly, sanctions are imposed against Plaintiff Jae Park in the reasonable sum of $1,500.00, payable within 30 days.