Judge: Stephen P. Pfahler, Case: 24STCV23846, Date: 2025-06-10 Tentative Ruling

Case Number: 24STCV23846    Hearing Date: June 10, 2025    Dept: 68

Dept. 68

Date: 6-10-25

Case: 24STCV23846

Trial Date: 5-11-26

ADMISSIONS

MOVING PARTY: Defendant, American Honda Motor Co., Inc.

RESPONDING PARTY: Plaintiff, Destiny Sanchez

RELIEF REQUESTED

Motion to Deem Request for Admissions Admitted

SUMMARY OF ACTION

On September 16, 2024, Plaintiff Destiny Sanchez filed a complaint against Defendant American Honda Motor Co., Inc. for Song-Beverly Act violations regarding body, powertrain, safety, electrical, braking, and noise systems on a 2023 Honda Accord vehicle.  Defendant answered the complaint on October 25, 2024.

RULING: Denied.

Defendant American Honda Motor Co., Inc. moves to deem Request for Admissions (set one) served on Plaintiff Destiny Sanchez admitted.

Defendant represents service of requests for admissions on January 7, 2025. [Declaration of Paige Silva ¶ 3, Ex. 2.] No responses were provided at the time of the filing of the motion. [Id., ¶ 6.] Plaintiff in opposition admits to late service of verified responses on May 28, 2025. [Declaration of Mengyu Yang, Ex. 1.] Plaintiff requests relief from any waiver of objections and forego imposition of sanctions. Defendant in reply requests the court deny the relief from waiver of objections, and reiterates the request for sanctions.

“As one court put it: ‘If the party manages to serve its responses before the hearing, the court has no discretion but to deny the motion. But woe betide the party who fails to serve responses before the hearing.’” (St. Mary v. Superior Court (2014) 223 Cal.App.4th 762, 776.) The motion is therefore DENIED.

The late served responses waived all objections. Plaintiff makes an explicit request for relief from the late responses and waiver objections based on a calendaring error. Normally the court would require a separate motion for relief, but finds the issue sufficiently addressed with Honda provided the opportunity to object. The court therefore GRANTS the request for relief from waivers. (Code Civ. Proc., § 2033.280, subd. (a-b).)

The court imposes sanctions against any party responding to a discovery request after the filing of a motion to compel as a matter of policy. The court IMPOSES sanctions in the amount of $250 against Plaintiff Destiny Sanchez, joint and several with counsel, and payable within 30 days. (Code Civ. Proc., § 2033.280, subd. (c).)

Motions to compel responses scheduled for June 16, July 15, and September 25, 2025, respectively. The court encourages Plaintiff to provide any remaining outstanding discovery, if still applicable. The court appreciates moving party removing any and all motions from the calendar, if an agreement over the remaining items gets resolved.

Defendant to provide notice.