Case Number: KC069358 Hearing Date: October 01, 2018 Dept: J

Re: Zsa Zsa Hill v. Nationstar Mortgage, LLC, etc., et al. (KC069358)

(1) MOTION TO DEEM REQUESTS FOR ADMISSIONS ADMITTED AND FOR MONETARY SANCTIONS; (2) MOTION TO COMPEL DEFENDANT NATIONSTAR MORTGAGE, LLC’S RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE AND FOR MONETARY SANCTIONS

Moving Party: Plaintiff Zsa Zsa Hill

Respondents: No timely opposition filed

POS: Moving OK

This is a wrongful foreclosure action involving plaintiff’s residential property located at 463 Notre Dame Road in Claremont. The complaint, filed 6/2/17, asserts causes of action for:

1. Breach of Contract

2. Breach of Implied Covenant of Good Faith and Fair Dealing

3. Violation of Civil Code § 2923.55

4. Violation of Civil Code § 2923.6

5. Violation of Civil Code § 2923.7

6. Violation of Civil Code § 2924.9

7. Violation of Civil Code § 2924.10

8. Violation of Civil Code § 2924.17

9. Negligence and Negligence Per Se

10. Violation of Business & Professions Code § 17200

On 6/6/17, plaintiff obtained a TRO. On 6/29/17, Defendant Clear Recon Corp filed its “Declaration of Non-Monetary Status.”

On 6/1/18, the court granted plaintiff’s application for a preliminary injunction. A Case Management Conference and Trial Setting Conference are set for 10/23/18.

(1) REQUESTS FOR ADMISSIONS:

Plaintiff Zsa Zsa Hill (“plaintiff”) moves the court for an order that the Requestsfor Admissions, Set One, dated 1/2/18 propounded on Defendant Nationstar Mortgage, LLC (“defendant”) be deemed admitted.

“Within 30 days after service of requests for admission, the party to whom the requests are directed shall serve the original of the response to them on the requesting party, and a copy of the response on all other parties who have appeared, unless on motion of the requesting party the court has shortened the time for response, or unless on motion of the responding party the court has extended the time for response.” CCP § 2033.250(a).

“If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply:…(b) 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 under Chapter 7 (commencing with Section 2023.010). (c) The court shall make this order, 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. 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.” CCP § 2033.280.

On 1/2/18, plaintiff mail-served her Requests for Admission, Set No. One on defendant. (Harouni Decl., ¶ 3, Exh. A). Defendant’s responses were due 2/7/18. (Id., ¶ 4). Defendant requested, and plaintiff granted, a 30-day extension, followed by another 2-week extension such that defendant’s responses were due 3/19/18. (Id.). Having not received responses, plaintiff’s counsel’s office contacted defendant’s counsel, who sought an additional extension. (Id., ¶ 5). Plaintiff’s counsel agreed to one final extension for defendant to serve responses no later than 4/27/18. (Id.). Since 4/27/18, plaintiff’s counsel’s office has attempted to engage discussions with defendant’s counsel to determine when responses will be served. (Id., ¶ 6). To date, defendant has failed to serve responses. (Id.).

Unless verified responses have been served prior to the hearing, the motion is granted. Sanctions are awarded, but reduced to $660.00 (i.e., one hour preparing motion, plus one hour attending hearing at $300.00/hour, plus $60.00 filing fee), payable by defendant Nationstar Mortgage, LLC to counsel for plaintiff within 10 days.

(2) REQUEST FOR PRODUCTION OF DOCUMENTS:

Plaintiff Zsa Zsa Hill (“plaintiff”) moves the court for an order compelling Defendant Nationstar Mortgage, LLC (“defendant”) to provide responses, without objections, to her Requests for Production of Documents, Set No. One.

“Within 30 days after service of a demand for inspection, copying, testing, or sampling, the party to whom the demand is directed shall serve the original of the response to it on the party making the demand…” CCP § 2031.260(a).

“If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it, the following rules shall apply…(b) The party making the demand may move for an order compelling response to the demand. (c) Except as provided in subdivision (d), the court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response to a demand for inspection, copying, testing, or sampling, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust…” CCP § 2031.300.

On 1/2/18, plaintiff mail-served her Requests for Production of Documents, Set No. One on defendant. (Harouni Decl., ¶ 3, Exh. A). Defendant’s responses were due 2/7/18. (Id., ¶ 4). Defendant requested, and plaintiff granted, a 30-day extension, followed by another 2-week extension such that defendant’s responses were due 3/19/18. (Id.). Having not received responses, plaintiff’s counsel’s office contacted defendant’s counsel, who sought an additional extension. (Id., ¶ 5). Plaintiff’s counsel agreed to one final extension for defendant to serve responses no later than 4/27/18. (Id.). Since 4/27/18, plaintiff’s counsel’s office has attempted to engage discussions with defendant’s counsel to determine when responses will be served. (Id., ¶ 6). To date, defendant has failed to serve responses. (Id.).

Unless a verified response has been served prior to the hearing, the motion is granted and defendant is ordered to serve a verified response and to serve the responsive documents within 10 days. Sanctions are awarded, but reduced to $660.00 (i.e., one hour preparing motion, plus one hour attending hearing at $300.00/hour, plus $60.00 filing fee), payable by defendant Nationstar Mortgage, LLC to counsel for plaintiff within 10 days.