Judge: Walter P. Schwarm, Case: 30-2019-01053438, Date: 2023-08-01 Tentative Ruling

Motion No. 1:

Based on the Notice of Withdrawal (filed on 6-8-23 under ROA No. 334), Defendant’s (North Orange County Community College District) Motion to Compel Responses to Supplemental Interrogatories, Set One (filed on 3-6-23 under ROA No. 293, and scheduled for hearing on 8-1-23) is OFF CALENDAR.

Motion No. 2:

Defendant’s (North Orange County Community College District) unopposed Motion to Deem Admitted the Matters Stated in Defendant’s Request for Admission, Set One (Motion), filed on 5-25-23 under ROA No. 308, is GRANTED.

Code of Civil Procedure section 2033.280 states, in part, “If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply: [¶] (a) The party to whom the requests for admission are directed waives any objection to the requests, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010). The court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied: [¶] (1) The party has subsequently served a response that is in substantial compliance with Sections 2033.210, 2033.220, and 2033.230. [¶] (2) The party's failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect. [¶] (b) The requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the request be deemed admitted, as well as for a monetary sanction under Chapter 7 (commencing with Section 2023.010.). . . .” 

On 2-28-23, Defendant served Plaintiff with “Defendant North Orange County Community College District’s Request for Admission, Set One.”  (Modafferi Decl., ¶ 3 and Exhibit 1.) As of 5-24-23, Defendant’s counsel has not received any response. (Modafferi Decl., ¶ 7.)

Since Plaintiff has not responded to this discovery request, the court GRANTS Defendant’s (North Orange County Community College District) unopposed Motion to Deem Admitted the Matters Stated in Defendant’s Request for Admission, Set One filed on 5-25-23 under ROA No. 308.  The court deems the that the genuineness of any documents and the truth of any matters specified in “Defendant North Orange County Community College District’s Request for Admission, Set One”  (Modafferi Decl., ¶ 3 and Exhibit 1) are admitted.  The court imposes a monetary sanction of $1,000.00 in favor of Defendant and against Plaintiff.  (Code Civ. Proc., § 2033.280(c), subd. (c).)

Defendant is to give notice.