Judge: Theodore R. Howard, Case: 20-1130358, Date: 2022-11-10 Tentative Ruling

The unopposed Motions to Compel filed by Plaintiff Balboa Capital Corporation as to: (1) Form Interrogatories, Set One; (2) Special Interrogatories, Set One; and (2) Requests for Production of Documents, Set One propounded to Defendant Cedric L. Brown are GRANTED.

The unopposed Motion to Have Requests for Admissions, Set One propounded to Defendant Brown Deemed Admitted is GRANTED.

Moving party has demonstrated that the discovery at issue was served on Defendant Brown on February 15, 2022, but no responses were provided, despite the granting of an extension for counsel to serve responses.  (Da Costa Decl., ROA 83 at ¶¶ 2-4, Exs. 1-4; Da Costa Decl., ROA 84 at ¶¶ 2-4, Exs. 1-2.)

If responses are not timely provided to Interrogatories or Requests for Production, all objections thereto are waived, and responses may be compelled.  (Code Civ. Proc. §§ 2030.290(a), (b), 2031.300(a), (b).)

If a party fails to serve a timely response to Requests for Admission, the party who propounds the Requests 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 “shall” grant the motion “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).)  No responses have been served in this matter.

Accordingly, the Motions to Compel and Motion to Have Requests for Admissions Deemed Admitted are granted.  Defendant Brown is ordered to serve verified responses to Form Interrogatories, Set One, Special Interrogatories, Set One and Requests for Production of Documents, Set One, without objections, within 10 days after service of notice of this order.

The court orders that “. . . the genuineness of any documents and the truth of any matters specified” in Plaintiff’s Requests for Admission, Set One propounded to Defendant Brown be deemed admitted.  (Code Civ. Proc., § 2033.280(b).)

The requests for sanctions are GRANTED IN PART.  Although sanctions are warranted under the circumstances here, there is substantial duplication in the motions, and a single hearing will address both motions.  Therefore, the Court awards a reasonable monetary sanction of $650 on ROA 84 and $770 on ROA 83, for a total monetary sanction of $1,420 against Defendant Brown, payable to Plaintiff, through its counsel of record, within 30 days after service of notice of this order.

Counsel for moving party to give notice.