Case Number: 19STCV08294 Hearing Date: October 25, 2019 Dept: 4B

[TENTATIVE] ORDER RE: DEFENDANT’S MOTION TO COMPEL PLAINTIFF’S RESPONSES TO DISCOVERY AND DEEM REQUESTS FOR ADMISSION ADMITTED

On March 8, 2019, Plaintiff Richard Scott Demerjian (“Plaintiff”) filed this action against Defendants Giovanni Funiciello, Nicole E. Alvarado, and Doe defendants for injuries arising from an automobile accident. On July 2, 2019, defendant Nicole Alvarado (“Defendant”) served Plaintiff with a Demand for Inspection and Production of Documents (Set One); Form Interrogatories (Set One); and Requests for Admission (Set One). Defendant gave an extenstio of time to respond to August 9, 2019. Defendant received no responses. Defendant moves to compel Plaintiff’s responses to discovery requests, for an order deeming admitted requests for admissions, and monetary sanctions.

Compel Responses

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).) 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.)

Plaintiff filed no opposition to these Motions and did not serve responses to Defendant’s discovery. Accordingly, the Motions to compel are GRANTED. Plaintiff is to serve verified responses, without objection, to Defendant’s Demand for Inspection and Production of Documents (Set One) and Form Interrogatories (Set One) within twenty (20) days of the date of this Order.

Deem Admitted

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).)

Plaintiff filed no opposition to this Motion and did not serve timely responses. It does not appear Plaintiff served substantially compliant responses prior to the hearing on this Motion. Accordingly, the Motion to deem admitted requests for admissions is GRANTED.

Monetary Sanctions

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 and imposed against Plaintiff and counsel, jointly and severally, in the reduced amount of $611.25 for three hours at Defendant’s counsel’s hourly rate of $143.75 and $180.00 in filing fees, to be paid within twenty (20) days of the date of this Order.

Moving party to give notice.