Judge: William A. Crowfoot, Case: 22AHCV00330, Date: 2023-03-30 Tentative Ruling

Case Number: 22AHCV00330    Hearing Date: March 30, 2023    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

 

PRIMERICA LIFE INSURANCE COMPANY,

                   Plaintiff(s),

          vs.

 

PERLA RAGOS JOYCE, et al.,

 

                   Defendant(s).

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     CASE NO.:  22AHCV00330

 

[TENTATIVE] ORDER RE: DEFENDANT-IN-INTERPLEADER AND CROSS-COMPLAINANT PERLA RAGOS JOYCE’S MOTIONS TO COMPEL RESPONSES TO REQUESTS FOR ADMISSION (SET ONE), CORRECTED REQUEST FOR PRODUCTION OF DOCUMENTS (SET ONE), AND CORRECTED SPECIAL INTERROGATORIES (SET ONE)  

 

Dept. 3

8:30 a.m.

March 30, 2023

 

On June 3, 2022, Primerica Life Insurance Company (“Primerica”) filed this complaint-in-interpleader against Perla Ragos Joyce (“Perla”) and Latoya Joyce (“Latoya”) arising from the payment of a $50,000 death benefit pursuant to a life insurance policy purchased by Jimmie Ishan Joyce (the “Insured”).  (Compl., ¶ 7.)  The Insured purchased a life insurance policy from Primerica on or about July 17, 2012.  (Compl., ¶ 7.)  The policy originally designated Latoya as the sole beneficiary.  (Compl., ¶ 7.)  Primerica alleges that on or about January 31, 2013, the Insured submitted to Primerica a multipurpose change form (“MCF”) naming Perla as the sole beneficiary.  (Compl., ¶ 8.)  The Insured passed away on November 18, 2020.  Latoya and Perla have made competing and adverse claims for the death benefit. 

Perla filed an answer and cross-complaint (incorrectly combined and styled as an “Answer and Counterclaims”) against Primerica on July 20, 2022.  The Court’s order for deposit of interpleader funds was entered on August 2, 2022.  Although a notice and acknowledgment of receipt was filed on October 31, 2022, Latoya has not yet appeared in the action. 

On December 27, 2022, Perla filed these three discovery motions after Latoya failed to provide any responses to Perla’s Requests for Admission (Set One), Corrected Request for Production of Documents (Set One) and Corrected Special Interrogatories (Set One).  The document requests and interrogatories were served on November 8, 2022, and the requests for admission were served on November 11, 2022.  Perla does not request sanctions. 
          Requests for Admission (Set One)

Perla’s motion is brought pursuant to CCP 2033.290, which only applies once a party has received a response to requests for admission and authorizes a party to move for an order compelling a “further response.”  (Code Civ. Proc., § 2033.290, subd. (a).)  Where no responses are served, the requesting 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, as well as for a monetary sanction.”  (Code Civ. Proc., § 2033.280, (b).) 

Accordingly, Perla’s requested relief is not available and the motion to compel a response is DENIED.

Corrected Request for Production of Documents (Set One) and Special Interrogatories (Set One)

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).)

Latoya did not oppose these two motions and it is undisputed that Latoya failed to serve timely responses to Perla’s discovery requests.  Accordingly, Perla’s motions are GRANTED and Latoya is ordered to serve, within 20 days, verified responses without objections to Corrected Request for Production of Documents (Set One) and Special Interrogatories (Set One).

 

Moving party to give notice.

 

Parties who intend to submit on this tentative must send an email to the Court at ALHDEPT3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.

 

Dated this 30th day of March, 2023

 

 

 

 

William A. Crowfoot

Judge of the Superior Court