Judge: Thomas D. Long, Case: 22STCV38988, Date: 2023-08-03 Tentative Ruling

Case Number: 22STCV38988    Hearing Date: August 3, 2023    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On December 15, 2022 Plaintiff Esmeralda Navarro filed this action arising from the Song-Beverly Act against Defendant General Motors, LLC.

On March 9, 2023 Plaintiff served Requests for Production of Documents (Set One) and Requests for Admission (Set One) on Defendant.  Defendant’s responses were due on April 14, 2023, and Defendant did not timely provide responses to the Discovery.  On June 23, 2023,when Plaintiff filed the instant Motions, she had not received responses to the Discovery.

On August 1, 2023, Defendant served responses to the Discovery.  Defendant opposes the Motions on the grounds that responses have been served, and that the requests for sanctions should be denied because the failure to serve timely responses was due to a calendaring error.

No reply has been filed.

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MOTIONS TO COMPEL RESPONSES

            When a party fails to serve timely responses to discovery requests, the court may make an order compelling responses.  (Code Civ. Proc., §§ 2030.290, 2031.300; Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.)   A party that fails to serve timely responses waives any objections to the request, including ones based on privilege or the protection of attorney work product.  (Code Civ. Proc., §§ 2030.290, subd. (a), 2031.300, subd. (a).)  Sanctions shall be imposed against the party who unsuccessfully makes or opposes a motion to compel, unless the party acted with substantial justification or the sanction would otherwise be unjust.  (Code Civ. Proc., §§ 2030.290, subd. (c), 2031.300, subd. (c).)  

            As a preliminary matter, the Court finds that the Motion to Compel Responses to the Requests for Production of Documents (Set One) is moot, as Defendant has provided responses.

            In addition, the Court finds that sanctions are not appropriate as Defendant’s counsel submits a declaration, sworn under penalty of perjury, in support of the Motion explaining that the failure to timely serve responses was due to a calendaring error.  (Brar Decl., ¶ 8.)

Accordingly, the Motion to Compel Defendant’s Responses to Request for Production of Documents (Set One) is DENIED.

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED

            Where a party fails to timely respond to a request for admission, the propounding 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, subd. (b).)  The party who failed to respond waives any objections, unless the court grants them relief from the waiver, upon a showing that the party has subsequently served a substantially compliant response and that the party’s failure to respond was the result of mistake, inadvertence, or excusable neglect.  (Code Civ. Proc., § 2033.280, subd. (a).)  The court shall grant a motion to deem admitted “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, subd. (c).)  A monetary sanction against the party whose failure to serve a timely response to requests for admission is mandatory.  (Code Civ. Proc., § 2033.280, subd. (c).)

            As a preliminary matter, the Court finds that the Motion to Deem the Requests for Admission (Set One) Admitted is moot, as Defendant has provided responses.

            In addition, the Court finds that sanctions are not appropriate as Defendant’s counsel submits a declaration, sworn under penalty of perjury, in support of the Motion explaining that the failure to timely serve responses was due to a calendaring error.  (Brar Decl., ¶ 8.)

Accordingly, the Motion to Deem Requests for Admission (Set One) Admitted is DENIED.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

         Dated this 3rd day of August 2023