Judge: Thomas D. Long, Case: 23STCV14445, Date: 2023-10-17 Tentative Ruling

Case Number: 23STCV14445    Hearing Date: October 17, 2023    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On June 21, 2023, Plaintiff William S. Jameson Jr. filed this action against defendants Lucia Lopez and Yoel Lopez.

On September 14, 2023, Plaintiff filed (1) a motion to compel Lucia Lopez’s responses to Form Interrogatories; (2) a motion to compel Yoel Lopez’s responses to Form Interrogatories; (3) a motion to compel Lucia Lopez’s responses to Demands For Production of Documents; (4) a motion compel Yoel Lopez’s responses to Demands For Production of Documents; (5) a motion to deem admitted against Lucia Lopez; and (6) a motion to admitted against Yoel Lopez.

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).)

Plaintiff served discovery on Defendants on July 31, 2023.  Defendants did not serve responses to Plaintiff’s discovery and filed no oppositions to these motions.  Accordingly, the motions to compel are GRANTED.

Lucia Lopez is ordered to serve verified responses, without objection, to Plaintiff’s Form Interrogatories and Demands For Production of Documents within 30 days.

Yoel Lopez is ordered to serve verified responses, without objection, to Plaintiff’s Form Interrogatories and Demands For Production of Documents within 30 days.

The requests for monetary sanctions are discussed separately below.

MOTIONS TO DEEM ADMITTED

When 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 to the demand, unless the court grants them relief from the waiver, upon a showing that the party (1) has subsequently served a substantially compliant response, and (2) that the party’s failure to respond was the result of mistake, inadvertence, or excusable neglect.  (Code Civ. Proc., § 2033.280, subds. (a)(1)-(2).)  The court shall grant a motion to deem admitted requests for admissions, “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).)

Plaintiff served discovery on July 31, 2023.  Neither Lucia Lopez nor Yoel Lopez served responses to Plaintiff’s Requests for Admission.  They did not file any oppositions to the motions.  Accordingly, the motions to deem Requests for Admission admitted are GRANTED.

The requests for monetary sanctions are discussed separately below.

REQUESTS FOR SANCTIONS

Each motion includes a request for $1,161.50 in monetary sanctions, for a total of $3,484.50 against each Defendant.  The Court finds that a reasonable total sanction against each Defendant is $1,710.00 (3 hours at $550/hour plus $60 filing fee).

Lucia Lopez is ordered to pay sanctions of $1,710.00 to Plaintiff within 30 days.

Yoel Lopez is ordered to pay sanctions of $1,710.00 to Plaintiff within 30 days.

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 17th day of October 2023