Judge: Serena R. Murillo, Case: 23STCV04065, Date: 2023-09-12 Tentative Ruling
Case Number: 23STCV04065 Hearing Date: September 12, 2023 Dept: 31
TENTATIVE
Plaintiff’s unopposed motions to compel responses to form
interrogatories, special interrogatories, request for production, and to deem
matters admitted in requests for admission are GRANTED. Defendant is
ordered to provide verified responses without objections to the discovery
requests within 30 days of this order. The truth of the matters in the request
for admissions, set one, served on Defendant are admitted.
Plaintiff’s request for sanctions is DENIED.
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: 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…. (Code Civ. Proc. § 2033.280(b).) 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…. (Code Civ. Proc. § 2033.280(a).) 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. (Code Civ. Proc. § 2033.280(c).)
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. Sanctions are also mandatory in
connection with 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).)
Discussion
On April 24, 2023, Plaintiff
served Form Interrogatories, Set One; Special Interrogatories, Set One; Request
for Production of Documents, Set One; and Requests for Admissions, Set One on Defendant.
(Flashman Decl.; Exhs. A-B.) Defendant has not served responses to the
discovery, despite Plaintiff’s counsel’s efforts to obtain the responses. (Id.,
¶ 6; Exh. C.)
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 without objections to the discovery requests served on Defendant.
The Court also finds Plaintiff is entitled to an order establishing the truth
of the matters in the request for admissions served on Plaintiff. Therefore,
the motions are granted.
As to Plaintiff’s
request for sanctions, CCP section 2023.040 states: “A request for a sanction shall, in the notice of motion,
identify every person, party, and attorney against whom the sanction is
sought…” (CCP section
2023.040.) Plaintiff’s notice of motion does not identify who it seeks
sanctions against, and thus, the request is denied.
Conclusion
Accordingly, Plaintiff’s motions
to compel responses to form interrogatories, special interrogatories, request
for production, and to deem matters admitted in requests for admission are GRANTED. Defendant
is ordered to provide verified responses without objections to the discovery
requests within 30 days of this order. The truth of the matters in the request
for admissions, set one, served on Defendant are admitted.
Plaintiff’s request for sanctions is DENIED.
Moving party is ordered to give notice.