Judge: Thomas D. Long, Case: 24STCV01620, Date: 2024-08-27 Tentative Ruling

Case Number: 24STCV01620    Hearing Date: August 27, 2024    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On January 22, 2024, Plaintiff Victor Godales filed this action against Defendant Mei Kuen Cheung and Jimmy Tm Cheung as Trustees of the Cheung Family Trust Dated Oct 10, 1996.

On May 20, 2024, Defendant served Form Interrogatories, Special Interrogatories, Requests for Production of Documents, and Requests for Admissions on Plaintiff.  Plaintiff did not provide any responses.

On August 1 and 2, 2024, Defendant filed motions to compel responses and to deem the RFAs admitted.

Where 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).)

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 filed no oppositions to these motions and did not serve timely responses.  It does not appear that Plaintiff served substantially compliant responses prior to the hearing.

Accordingly, the motions are GRANTED.

Plaintiff is ordered to provide verified responses, without objections, to Form Interrogatories, Special Interrogatories, and Requests for Production of Documents within 30 days.

The Requests for Admission served on May 20, 2024 are deemed admitted by Plaintiff.

The requests for sanctions are granted.  Plaintiff is ordered to pay total sanctions of $3,400.00 ($850 each for 4 motions) to Defendant 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 27th day of August 2024