Lawzilla Additional Information: Defendant is represented by attorney Jay McClaugherty

Case Number: BC694857 Hearing Date: August 20, 2019 Dept: 4B

[TENTATIVE] ORDER RE: MOTIONS TO COMPEL AND DEEM ADMITTED

On February 22, 2018, Plaintiff filed this action against Defendant for negligence arising out an automobile accident. On March 19, 2019, Plaintiff served his first set of discovery. (Zograbian Decl., ¶ 4, Exh. A.) After multiple extensions, Plaintiff still did not receive responses. (Id. at ¶¶ 5-7.) On July 17, 2019, Plaintiff filed three motions to compel discovery responses and one motion to deem requests for admissions admitted.

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.) 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).) Unlike a motion to compel further responses, a motion to compel responses is not subject to a 45-day time limit and the propounding party has no meet and confer obligations. (Sinaiko Healthcare Consulting, Inc., supra, 148 Cal.App.4th at p. 404.)

Where a party fails to timely respond to a request for admission, the propounding 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. (Code Civ. Proc., § 2033.280, subd. (b).) The party who failed to respond waives any objections to the demand, unless the court grants them relief from the waiver, upon a showing that the party (1) has subsequently served a substantially compliant response, and (2) that the party’s failure to respond was the result of mistake, inadvertence, or excusable neglect. (Code Civ. Proc., § 2033.280, subds. (a)(1)-(2).) The court shall grant a motion to deem admitted requests for admissions, “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.” (Code Civ. Proc., § 2033.280, subd. (c).)

Defendant did not oppose. Accordingly, the Motions to compel Defendant’s responses to the first set of Form Interrogatories, Special Interrogatories, and Request for Production of Documents are GRANTED. Defendant is ordered to serve verified responses, without objection, to Plaintiff’s discovery requests within twenty (20) days of the date of this Order.

The Motion to deem admitted requests for admissions is GRANTED.

Where the court grants a motion to compel responses, sanctions shall be imposed against the party who unsuccessfully makes or opposes a motion to compel, unless the party acted with substantial justification or the sanction would otherwise be unjust. (Code Civ. Proc., § 2030.290, subd. (c).) Where a party fails to provide a timely response to requests for admission, “[i]t 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.” (Code Civ. Proc., § 2033.280, subd. (c).)

The request for monetary sanctions is GRANTED against Defendant and defense counsel, jointly and severally, in the amount of $ 1,200.00 for four hours at defense counsel’s hourly rate of $300.00, to be paid within twenty (20) days of the date of this Order.

Moving party to give notice.