Judge: Thomas D. Long, Case: 24STCV30308, Date: 2025-02-04 Tentative Ruling

Case Number: 24STCV30308    Hearing Date: February 4, 2025    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On November 18, 2024, Plaintiff Clearcover Insurance filed this uninsured motorist action against Defendants Tamila Segenevych and Tatsiana Zhardetskaya.

On May 23, 2024 and August 28, 2024, Plaintiff served Defendants with Notices of Taking Deposition of Claimant.  Defendants did not appear for their depositions.

On September 9, 2024, Plaintiff served Form Interrogatories (Set Two) and Request for Admission (Set One) on Defendants.  Defendants did not provide responses.

On January 3, 2025, Plaintiff filed motions to compel Defendants’ depositions, compel responses to interrogatories, and to deem the RFAs admitted.  Each motion includes a request for sanctions of $400.00.

A.        Defendants Must Appear for Their Depositions.

If a party to the action fails to appear for examination without making a proper objection, the party noticing the deposition may move to compel the deponent’s attendance and testimony.  (Code Civ. Proc., § 2025.450, subd. (a).)

Defendants did not appear for their noticed depositions and filed no oppositions to these motions.

Accordingly, the motions are granted.

B.        Defendants Must Provide Responses to Form Interrogatories.

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).)

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

Accordingly, the motions are granted.

C.        The RFAs are Deemed Admitted by Defendants.

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).)

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

Accordingly, the motions are granted.

CONCLUSION

The motions are GRANTED.

Defendants Tamila Segenevych and Tatsiana Zhardetskaya are ordered to appear for deposition within 30 days of this order.

Defendants Tamila Segenevych and Tatsiana Zhardetskaya are ordered to provide verified responses, without objections, to Form Interrogatories (Set Two) within 30 days of this order.

Requests for Admission (Set One) are deemed admitted by Defendants Tamila Segenevych and Tatsiana Zhardetskaya.

The requests for sanctions are GRANTED.

Defendant Tamila Segenevych is ordered to pay total sanctions of $1,200.00 (3 motions at $400 each) to Plaintiff within 30 days of this order.

Defendant Tatsiana Zhardetskaya is ordered to pay total sanctions of $1,200.00 (3 motions at $400 each) to Plaintiff within 30 days of this order.

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 4th day of February 2025