Judge Ralph C. Hofer, Case Number: 24NNCV02779, Date: 2025-01-24 Tentative Ruling

Under CCP § 2030.290, “If a party to whom interrogatories are directed fails to serve a timely response,” that party “waives any legal right to exercise the option to produce writings...as well as any objection to the interrogatories, including one based on privilege or on the protection for work product...” Under subdivision (b), “The party propounding the interrogatories may move for an order compelling response to the interrogatories.” CCP §2031.300 contains similar provisions with respect to requests to produce documents.

Propounding parties have appropriately moved for orders to compel. Accordingly, responding party has waived the option to produce writings, as well as all objections and is ordered to respond.

Under CCP § 2033.280, a party who fails to serve a timely response to requests for admissions “waives any objection to the requests….” In addition, the requesting party may move for an order that “the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction....” CCP § 2033.280(b). The Code specifies that “The court shall make this order, unless it finds that the party to whom the requests for admissions have been directed has served, before the hearing on the motion, a proposed response to the request for admissions that is in substantial compliance with Section 2033.220.” CCP § 2033.280(c).

In this case, requests for admissions were served on responding party on September 23, 2024. Moving parties unilaterally extended an extension of time to respond to November 12, 2024. Responding party did not request or obtain a further extension. No responses have been served. Plaintiff failed to serve timely responses, and has therefore waived all objections. Defendants have filed a noticed motion requesting an order that the requests be deemed admitted as truth. Unless verified responses that are in substantial compliance with Section 2033.220 are served before the hearing, the court must grant the motion.

“It 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 admissions necessitated this motion.”

With respect to interrogatories, under CCP § 2030.290(c), “The court shall impose a monetary sanction… against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response to interrogatories, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” A similar provision applies to document demands. See CCP § 2031.300(c).

CCP § 2023.010 provides that misuse of the discovery process includes “(d) Failing to respond or to submit to an authorized method of discovery.” Where there has been such conduct, under CCP § 2023.030(a), “The court may impose a monetary sanction ordering that one engaging in the misuse of the discovery process, or any attorney advising that conduct, or both pay the reasonable expenses, including attorney’s fees, incurred by anyone as a result of that conduct....If a monetary sanction is authorized” by the statute, “ the court shall impose that sanction unless it finds that the one subject to the sanction acted with substantial justification or that the other circumstances make the imposition of the sanction unjust.” CCP § 2023.030(a).

Under CRC Rule 3.1348(a): “The court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though no opposition to the motion was filed, or opposition to the motion was withdrawn, or the requested discovery was provided to the moving party after the motion was filed.”

The burden is on the party subject to sanctions to show substantial justification or injustice. Mattco Forge, Inc. v. Arthur Young & Co. (1990, 2nd Dist.) 223 Cal.App.3d 1429, 1436.

In this case, responding party has failed to respond to authorized methods of discovery and propounding parties have submitted evidence that they have incurred expenses as a result of the conduct. Since the motions are unopposed, there is no evidence that the imposition of sanctions would be unjust. Defendants request $1,080.00 for the motion concerning Form Interrogatories, $1,260.00 for the motion concerning requests for production, and $3,390.00 for the motion concerning requests for admissions.

These seem high for what would ordinarily be very simple motions. However, defendants point out that additional time was needed in connection with preparing the motion to compel responses to requests for admissions to explain the service efforts in this matter, based on concerns that the address of record in this action is not an address where plaintiff receives or picks up mail, and that other addresses have been referenced and the service addresses researched, and also used for service in the alternative. The time to provide this explanation was billed only once, although the material was used in the other motions as well. There is no time claimed to prepare replies, or to appear at the hearing. Overall, given this explanation, and no challenge by plaintiff to the reasonableness of the sums sought, the court finds the sanctions sought reasonable and award the sanctions as requested in full.

Monetary sanctions requested by moving party: Utilizing a lodestar approach, and in view of the totality of the circumstances, the Court finds that the total and reasonable amount of attorney’s fees and costs incurred for the work performed in connection with the pending motion is $1,080.00 ( 3.5 hours @ $300 per hour) [3.5 hours requested] plus $60.00 filing fee [Amount Requested $1,080.00], which sum is to be awarded in favor of defendants Tyisse Renee Bates and Cythia Renee Fisher, and against plaintiff Leslie A. Middleton, payable within 30 days. CCP sections 2030.290(c), 2023.010(d), 2023.030(a), and CRC Rule 3.1030(a).

Plaintiff Leslie A. Middleton is ordered to serve verified responses to First Set of Requests for Production of Documents, without objection, and to permit inspection and copying within 10 days.

Monetary sanctions requested by moving party: Utilizing a lodestar approach, and in view of the totality of the circumstances, the Court finds that the total and reasonable amount of attorney’s fees and costs incurred for the work performed in connection with the pending motion is $ 1,260.00 ( 4 hours @ $300 per hour) [4 hours requested] plus $60.00 filing fee [Amount Requested $1,260.00], which sum is to be awarded in favor of defendants Tyisse Renee Bates and Cythia Renee Fisher and against plaintiff Leslie A. Middleton, payable within 30 days. CCP §§ 2031.300(c), 2023.010(d), 2023.030(a), and CRC Rule 3.1030(a).

Plaintiff Leslie A. Middleton has failed to serve timely responses to First Set of Requests for Admissions as to Facts, Nos. 1 Through 23, and has failed to serve responses substantially complying with the provisions of CCP § 2033.220 prior to the hearing on this motion. The Court therefore orders that all matters specified in First Set of Requests for Admissions as to Facts, Nos. 1 Through 23 are deemed admitted as true, pursuant to CCP § 2033.280(c).

Monetary sanctions requested by moving party: Utilizing a lodestar approach, and in view of the totality of the circumstances, the Court finds that the total and reasonable amount of attorney’s fees and costs incurred for the work performed in connection with the pending motion is $3,390.00 (11.1 hours @ $300 per hour) [11.1 hours requested] plus $60 filing fee [Amount Requested $3,390.00], which sum is to be awarded in favor of defendants Tyisse Renee Bates and Cythia Renee Fisher and against plaintiff Leslie A. Middleton, payable within 30 days. CCP §§ 2033.280(c), 2023.010(d), 2023.030(a), and CRC Rule 3.1030(a).

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