Judge: Robert B. Broadbelt, Case: 22STCV33238, Date: 2025-01-15 Tentative Ruling

Case Number: 22STCV33238    Hearing Date: January 15, 2025    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Plaintiff Rochelle Smith        

RESPONDING PARTY:        Unopposed

(1)   Motion to Deem Subject Matter of Requests for Admission Admitted, and for Sanctions

(2)   Motion to Compel Responses to Requests to Produce, Set Two, and for Sanctions

The court considered the moving papers filed in connection with each motion.  No opposition papers were filed.

MOTION TO DEEM SUBJECT MATTER OF REQUESTS FOR ADMISSION ADMITTED

Plaintiff Rochelle Smith (“Plaintiff”) moves the court for an order (1) deeming admitted the subject matter of the Requests for Admission, Set Two, served on defendants Scott Michael Barnes, Scott Barnes, Inc., Scott Barnes Labs, LLC (“Barnes Defendants”), and Jack Cummins (“Cummins”) (collectively, “Defendants”), and (2) awarding monetary sanctions in favor of Plaintiff and against Defendants in the amount of $3,810.

If a party to whom requests for admission are directed fails to serve a timely response, the court shall, upon motion by the propounding party, order that the matters specified in the requests be deemed admitted, unless the court finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response that is in substantial compliance with Code of Civil Procedure section 2033.220.¿ (Code Civ. Proc., § 2033.280, subds. (b), (c).)¿¿¿¿¿¿¿¿ 

First, the court finds that Plaintiff has not shown that she properly served on defendant Cummins the subject discovery.

On February 13, 2024, the court issued an order granting the motion to be relieved as counsel for defendant Cummins.  (Feb. 13, 2024 MC-053 Order.)  The court ordered that attorney Albert Chang / Law Offices of Albert Chang would be relieved as counsel for Cummins “effective upon the filing of the proof of service of this signed order upon the client.”  (Feb. 13, 2024 MC-053, ¶ 5, subd. (a).)  Counsel has not filed a proof of service of the court’s February 13, 2024 order granting the motion to be relieved as counsel for defendant Jack Cummins, such that Albert Chang / Law Offices of Albert Chang is still counsel of record for Cummins. 

Thus, Plaintiff was required to, but did not, serve on counsel for Cummins the Requests for Admission, Set Two.   (Lee Decl., Ex. 1, PDF pp. 12-15 [Requests for Admission directed to Cummins], 5-6 [proof of service of Requests for Admission on Cummins].)  The court therefore denies Plaintiff’s motion to deem admitted the Requests for Admission served on defendant Cummins.

Second, the court finds that Plaintiff has shown that (1) Plaintiff served on Barnes Defendants the Requests for Admission, Set Two, on March 12, 2024 by mail, and (2) Defendants did not serve timely responses to the discovery and had not served responses as of the date that Plaintiff filed this motion.  (Lee Decl., Ex. 1, PDF pp. 18-23 [Requests for Admission directed to Scott Barnes, Inc.], 24-29 [Requests for Admission directed to Scott Barnes Labs, LLC], 30-35 [Requests for Admission directed to Scott Michael Barnes]; Lee Decl., ¶ 3.)  Barnes Defendants did not file an opposition to this motion or other evidence establishing that responses that are in substantial compliance with Code of Civil Procedure section 2033.220 have since been served.

The court therefore grants Plaintiff’s motion to deem admitted the truth of the matters specified in the Requests for Admission served on Barnes Defendants.  (Code Civ. Proc., § 2033.280, subds. (b), (c).)

The court grants Plaintiff’s request for monetary sanctions against Barnes Defendants.  (Code Civ. Proc., § 2033.280, subd. (c).)  The court finds that $1,060 ((2 hours x $500 hourly rate) + $60 filing fee) is a reasonable amount of sanctions to impose against Barnes Defendants in connection with this motion.  (Lee Decl., ¶ 7.)

MOTION TO COMPEL RESPONSES TO REQUESTS TO PRODUCE, SET TWO

Plaintiff moves the court for an order (1) compelling Defendants to serve responses to Plaintiff’s Requests to Produce, Set Two, and (2) awarding monetary sanctions in favor of Plaintiff and against Defendants in the amount of $3,810.

If a party to whom a demand for inspection is directed fails to serve a timely response, the party making the demand may move for an order compelling response to the demand.¿ (Code Civ. Proc., §¿2031.300, subd. (b).)¿¿ 

First, for the reasons set forth above, the court finds that Plaintiff has not shown that she properly served defendant Cummins with Plaintiff’s Requests to Produce, Set Two, because     (1) Cummins is still represented by counsel, and (2) Plaintiff did not serve the subject discovery on counsel and instead served the discovery on Cummins directly.  (Lee Decl., Ex. 1, PDF pp. 13-17 [Requests to Produce directed to Cummins], 18-19 [proof of service of discovery on Cummins].)  The court therefore denies Plaintiff’s motion to serve responses to Plaintiff’s Requests to Produce, Set Two, served on defendant Cummins. 

Second, the court finds that Plaintiff has shown that (1) Plaintiff served on Barnes Defendants her Requests to Produce, Set Two, on March 12, 2024 by mail, and (2) Barnes Defendants did not serve timely responses to the discovery and had not served responses as of the date that Plaintiff filed this motion.  (Lee Decl., Ex. 1, PDF pp. 20-26 [Requests to Produce directed to Scott Barnes, Inc.], 27-33 [Requests to Produce directed to Scott Barnes Labs, LLC], 34-40 [Requests to Produce directed to Scott Michael Barnes]; Lee Decl., ¶¶ 3, 7.)  Barnes Defendants did not file an opposition or other evidence with the court establishing that they have since served responses to this discovery. 

The court therefore grants Plaintiff’s motion to compel Barnes Defendants’ responses to Plaintiff’s Requests to Produce, Set Two.  (Code Civ. Proc., § 2031.300, subd. (b).)

The court grants Plaintiff’s request for monetary sanctions against Barnes Defendants.  (Code Civ. Proc., § 2031.300, subd. (c).)  The court finds that $1,060 ((2 hours x $500 hourly rate) + $60 filing fee) is a reasonable amount of sanctions to impose against Barnes Defendants in connection with this motion.  (Lee Decl., ¶ 8.)

ORDER

            The court grants in part plaintiff Rochelle Smith’s motion to deem the subject matter of requests for admission admitted and for sanctions as follows.

            Pursuant to Code of Civil Procedure section 2033.280, the court orders that the truth of the matters specified in (1) plaintiff Rochelle Smith’s Requests for Admission, Set Two, served on defendant Scott Barnes, Inc., (2) plaintiff Rochelle Smith’s Requests for Admission, Set Two, served on defendant Scott Barnes Labs, LLC, and (3) plaintiff Rochelle Smith’s Requests for Admission, Set Two, served on defendant Scott Michael Barnes, is deemed admitted.

            The court grants in part plaintiff Rochelle Smith’s motion to compel responses to requests to produce and for sanctions as follows.

            Pursuant to Code of Civil Procedure section 2031.300, the court orders defendants Scott Michael Barnes, Scott Barnes, Inc., and Scott Barnes Labs, LLC (1) to serve on plaintiff Rochelle Smith full and complete verified responses, without objections, to plaintiff Rochelle Smith’s Requests to Produce, Set Two (served on each defendant separately), that comply with Code of Civil Procedure sections 2031.210-2031.250, and (2) to produce to plaintiff Rochelle Smith all documents and things in defendants Scott Michael Barnes, Scott Barnes, Inc., and Scott Barnes Labs, LLC’s possession, custody, or control which are responsive to those requests, within 20 days of the date of service of this order.

The court orders defendants Scott Michael Barnes, Scott Barnes, Inc., and Scott Barnes Labs, LLC, jointly and severally, to pay monetary sanctions to plaintiff Rochelle Smith in the total amount of $2,120 within 30 days of the date of service of this order.

            The court orders plaintiff Rochelle Smith (1) to give notice of this ruling to Albert Chang (defendant Cummins’s attorney of record) and to defendants Scott Michael Barnes, Scott Barnes, Inc., Scott Barnes Labs, LLC, and Jack Cummins at their addresses of record, as set forth in the respective Orders Granting Attorney’s Motion to be Relieved as Counsel – Civil, and (2) to give notice of the court’s February 13, 2024 “Order Granting Attorney’s Motion to be Relieved as Counsel – Civil” (Judicial Council form MC-053) as to defendant Jack Cummins on all the parties that have appeared in the action (including defendant Jack Cummins), and to file a proof of service of the order with the court no later than January 31, 2025.

IT IS SO ORDERED.

DATED:  January 15, 2025

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court