Case Number: 18NWCV00063 Hearing Date: November 26, 2019 Dept: SEC

BESTOCEAN WORLDWIDE LOGISTICS, INC. v. DZINESQUARE, INC.

CASE NO.: 18NWCV00063

HEARING: 11/26/19

Calendar #2

TENTATIVE ORDER

Cross-Complainant The Wheel and Tire Club, Inc.’s motion to compel verified responses to form Interrogatories – set one is MOOT.

Cross-Complainant The Wheel and Tire Club, Inc.’s motion to compel verified responses to requests for production of documents – set one is MOOT.

Cross-Complainant The Wheel and Tire Club, Inc.’s motion for truth of any matter specified in his request for admissions – set one to Young H. Kim be deemed admitted is MOOT.

Sanctions are imposed against Defendant Kim and counsel, jointly and severally, in the sum of $1,085.00, payable within 30 days.

Moving Party to give NOTICE.

Cross-Complainant The Wheel and Tire Club, Inc. moves for verified responses to form interrogatories, document demands, and request for admissions per CCP 2030.290, 2031.300, and 2033.280.

CCP 2030.290(b) and 2031.300(b) allow the propounding party to file a motion to compel responses to interrogatories and document demands if a response has not been received. If responses are untimely, responding party waives objections. (CCP 2030.290(a) and 2031.300(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.

Cross-Defendant Young Kim has served verified supplemental responses prior to the filing of the motion. (Bae Decl., ¶¶ 7-9; Exs. C-E.) Accordingly, the motion is MOOT.

Sanctions: CCP 2023.010(d), 2030.290(c) and 2031.300(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, the imposition of sanctions is mandatory because Defendant Kim failed to respond to request for admissions. Instead, Defendant Kim inserted boilerplate objections, and did not provide verified responses by the extended deadlines of October 8, 2019 or October 13, 2019, which necessitated the instant motions. “Each answer in a response to requests for admission shall be… complete and straightforward.” (CCP 2033.220(a).) The court finds Defendant Kim’s assertion of boilerplate objections was made in bad faith and for purposes of delay. Defendant Kim served verifications on the date the Opposition was due. The court finds Plaintiff’s total request of $1,085.00 is reasonable. Accordingly, sanctions are imposed against Defendant Kim and counsel, jointly and severally, in the sum of $1,085.00, payable within 30 days.