Judge: Thomas D. Long, Case: 24STCV08401, Date: 2024-12-05 Tentative Ruling

Case Number: 24STCV08401    Hearing Date: December 5, 2024    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On April 3, 2024, Plaintiff Carlos Humberto Garcia Ordonez filed this action against Defendant American Honda Motor Co., Inc.

On July 24, 2024, Defendant served Request for Production (Set One), Form Interrogatories (Set One), and Requests for Admissions (Set One).  Plaintiff never served responses.

On November 5, 2024, Defendant filed motions to compel responses and to deem the RFAs admitted.  Each motion includes a request for sanctions in the amount of $765.00.

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 Request for Production (Set One) and Form Interrogatories (Set One) within 30 days.  Requests for Admissions (Set One) is deemed admitted by Plaintiff.

The requests for sanctions are GRANTED.  Plaintiff is ordered to pay total sanctions of $2,295.00 ($765.00 for each motion) 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 5th day of December 2024