Case Number: BC554588 Hearing Date: June 01, 2018 Dept: A

Garcia v JMR Management

DISCOVERY SANCTIONS

Calendar: 1

Case No: BC554588

Hearing Date: 6/1/18 (cont. from 3/2/18, 4/20/18)

Action Filed: 8/13/14

Trial: Not Set (CMC 6/1/18)

MP: Defendants Beta LP, JMR Property Management, LLC, and KRC Management, LLC

RP: Plaintiffs

RELIEF REQUESTED:

Defendants Beta LP, JMR Property Management, LLC, and KRC Management, LLC (“Moving Defendants”) previously moved for an order deeming the truths of the matters specified in Requests for Admissions (“RFA”). Defendants also sought monetary sanctions in the amount of $3,085.00.

On 4/20/18, the motions were called for hearing and placed off-calendar because Plaintiffs responded to the discovery requests. Defendants requested that the issue of monetary sanctions be continued to June 1, 2018.

DISCUSSION:

This case arises from a breach of warranty of habitability case filed by Plaintiffs Leticia Garcia, Bogar Garcia Saldana, Alan Garcia, Bogar Garcia, Jr. (a minor), David Garcia (a minor), Juana Valencia, and Ignacio Valencia.

As responses were provided for the RFAs, the remaining issue is whether Moving Defendants are entitled to sanctions.

CCP §2033.280(c) provides in relevant part: “It is mandatory that the court impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.”

Here, sanctions are warranted against Plaintiffs.

On April 17, 2017, Moving Defendants served set two of the RFAs on Bogar Garcia Saldana, Leticia Garcia, and Alan Garcia; and served set one of the RFAs on David Garcia and Bogar Garcia, Jr. On May 2, 2017, Plaintiffs’ former counsel requested an extension, which Moving Parties granted, such that responses were due by June 19, 2017. On May 22, 2017, Plaintiff’s former counsel then informed Moving Defendants to contact Plaintiffs directly as Plaintiffs’ former counsel withdrew as counsel.

Moving Defendants then served additional RFAs on October 30, 2017, including set three of the RFAs on Alan Garcia, Bogar Garcia Saldana, and Leticia Garcia, as well as set two of the RFAs on Leticia Garcia and David Garcia.

Moving Defendants state they did not receive responses to the RFAs and had made efforts to contact Plaintiffs by letter and telephone, but were unable to informally resolve the discovery dispute.

It was not until March 19, 2018 that Plaintiffs state they provided responses through their newly retained counsel.

As discussed above, Plaintiffs failed to timely respond to the RFAs, such that it was necessary for Moving Defendants to file the discovery motions regarding the RFAs. Plaintiffs argue they have submitted their RFA responses on March 19, 2018 at the time they were represented by counsel. However, this does not make their responses timely, particularly where the discovery was propounded nearly a year ago.

Accordingly, the Court will grant Moving Defendants’ request for sanctions in the amount of $825 (3 hours for the motion x $275/hour) against Plaintiffs.

RULING:

Grant Moving Defendants’ request for sanctions in the amount of $825.00.