Case Number: KC066005    Hearing Date: April 24, 2014    Dept: O

Wirtes v. Kislinger, et al. (KC066005)

1. Defendant Mark Kislinger, M.D., Inc.’s MOTION TO COMPEL PLAINTIFF’S RESPONSES TO DEFENDANT’S FORM INTERROGATORIES

Respondent: NO OPPOSITION

2. Defendant Mark Kislinger, M.D., Inc.’s MOTION TO DEEM MATTERS ADMITTED FOR PLAINTIFF’S FAILURE TO TIMELY RESPOND

Respondent: NO OPPOSITION

TENTATIVE RULING

1-2. Defendant Mark Kislinger, M.D., Inc.’s motions to compel plaintiff’s responses to discovery are GRANTED. Plaintiff is ordered to respond to form interrogatories without objections within 10 days. The truth of the matters specified in Defendant’s request for admissions is deemed admitted.

Reduced sanctions are imposed against Plaintiff and counsel, jointly and severally, in the sum of $1,500.00 payable within 30 days.

CCP 2030.290(b) allows the propounding party to file a motion to compel responses to interrogatories if a response has not been received. If responses are untimely, responding party waives objections. (CCP 2030.290(a).) CCP 2033.280(b) and (c) allow the propounding party to file a motion requesting that the truth of any matters specified in the request for admissions be deemed admitted unless the party to whom the requests have been directed has served before the hearing a proposed response that is in substantial compliance.

Plaintiff failed to serve any responses to discovery. Plaintiff is ordered to respond to form interrogatories without objections within 10 days.

The truth of the matters in Defendant’s request for admissions is deemed admitted.

Sanctions: CCP 2023.010(d), 2030.290(c) authorize the court to impose sanctions for failure to respond to discovery without substantial justification. CCP 2033.280 makes the imposition of sanctions mandatory if a party fails to serve a timely response to requests for admission.

Here, sanctions are appropriate because Plaintiff failed to serve any responses to discovery, and imposition of sanctions is mandatory because Plaintiff failed to respond to request for admissions. The court finds Defendant’s total request of $4,025.00 is excessive. Instead, reduced sanctions are imposed against Plaintiff and counsel, jointly and severally, in the sum of $1,500.00 payable within 30 days.