Judge Serena R. Murillo, Case 21STCV34354 2023-02-14 Tentative Ruling

Judge: Serena R. Murillo, Case: 21STCV34354, Date: 2023-02-14 Tentative Ruling

Case Number: 21STCV34354 Hearing Date: February 14, 2023 Dept: 29

TENTATIVE

Plaintiff Adan Chavez Sanchez’s motions to compel responses to form interrogatories, special interrogatories, request for production, and to have matters in requests for admissions deemed admitted are GRANTED. Defendant Gloria Tellez is ordered to provide verified responses to the discovery requests within 30 days of this order. The Court also finds Plaintiff is entitled to an order establishing the truth of the matters in the request for admissions served on Defendant.

Plaintiff’s requests for sanctions against Defendant are GRANTED. Defendant Gloria Tellez is ordered to pay sanctions in the amount of $660 to Plaintiff within 30 days of this order.

Plaintiff’s counsel is ordered to pay $120 in filing fees.

Legal Standard

Compel Interrogatories

If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetary sanction. (Code Civ. Proc., § 2030.290, subd. (b).) The statute contains no time limit for a motion to compel where no responses have been served. All that need be shown in the moving papers is that a set of interrogatories was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served. (Leach v. Superior Court (1980) 111 Cal.App.3d 902, 905–906.)

Deem RFAs Admitted

“If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply: (b) 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…. The Court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied: (1) The party has subsequently served a response that is in substantial compliance with Sections 2033.210, 2033.220, and 2033.230. (2) the party’s failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect…. (c) The court shall make this order, unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220.

Compel RPDs

Where there has been no timely response to a demand for the production of documents, the demanding party may seek an order compelling a response. (Code Civ. Proc. § 2031.300(b).) Failure to timely respond waives all objections, including privilege and work product. (Code Civ. Proc. § 2031.300(a).) Thus, unless the party to whom the demand was directed obtains relief from waiver, he or she cannot raise objections to the documents demanded. There is no deadline for a motion to compel responses. Likewise, for failure to respond, the moving party need not attempt to resolve the matter outside court before filing the motion.

Sanctions

Sanctions are mandatory in connection with a motion to deem matters specified in a request for admissions as true and motions to compel responses to interrogatories and requests for production of documents against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel unless the court “finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” (Code Civ. Proc. §§ 2030.290(c), 2031.300(c), 2033.280(c).)

Under CCP section 2023.030(a), “[t]he 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 any provision of this title, the court shall impose that sanction 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.” Failing to respond or to submit to an authorized method of discovery is a misuse of the discovery process. (Code Civ. Proc. § 2023.010.)

Discussion

On April 6, 2022, Plaintiff served Form Interrogatories, Set One; Special Interrogatories, Set One; Request for Admissions; and Request for Production of Documents on Defendant. (Saavedra Decl., Exh. A-C.) To date, Defendant has not served responses to any of the discovery. (Id., ¶ 2.)

As Plaintiff properly served discovery requests and Defendant failed to provide responses, the Court finds Plaintiff is entitled to a court order directing Defendant to provide verified responses to the discovery requests served on Plaintiff. The Court also finds Plaintiff is entitled to an order establishing the truth of the matters in the request for admissions served on Defendant. Therefore, the motions are granted.

As the motions are granted, Plaintiff’s request for sanctions are granted, but in reduced hours due to the simplicity of the motions and the concurrent facts. However, the Court notes that Plaintiff’s counsel has not listed his reasonable rate per hour for his attorney fees. Nevertheless, the Court finds $660 is a reasonable amount and orders Defendant pay $660 in sanctions to Plaintiff within 30 days of this order.

However, the Court also notes that only one motion was filed for compelling three sets of discovery (form interrogatories, special interrogatories, and request for production). Thus, the Court orders Plaintiff’s counsel to pay $120 in filing fees.

Conclusion

Accordingly, Plaintiff’s motions to compel responses to form interrogatories, special interrogatories, request for production, and to have matters in requests for admissions deemed admitted are GRANTED. Defendant Gloria Tellez is ordered to provide verified responses to the discovery requests within 30 days of this order. The Court also finds Plaintiff is entitled to an order establishing the truth of the matters in the request for admissions served on Defendant.

Plaintiff’s requests for sanctions against Defendant are GRANTED. Defendant Gloria Tellez is ordered to pay sanctions in the amount of $660 to Plaintiff within 30 days of this order.

Plaintiff’s counsel is ordered to pay $120 in filing fees.

Moving party is ordered to give notice.