Case Number: 19PSCV00128 Hearing Date: November 26, 2019 Dept: O

ANALYSIS

Plaintiff Northern California Collection Service, Inc.’s motions to compel responses to form interrogatories set one and two are GRANTED. Defendant is ordered to provide responses within 20 days.

Plaintiff Northern California Collection Service, Inc. (“Plaintiff”), moves the Court for orders requiring Defendant Barrera & Pat Construction Inc. (“Defendant”) to provide verified responses to its form interrogatories (sets 1 & 2).

Code of Civil Procedure section 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).)

On or about July 26, 2019, Plaintiff served its Form Interrogatories, Set One and Set Two on Defendant. (See Declaration of Andre LeLievre (“LeLievre Decl.”) ¶ 4.) Defendant’s responses were due on September 3, 2019. (Id.)

When Plaintiff did not receive the responses by the deadline, Plaintiff sent Defendant a letter on September 11, 2019 demanding compliance with the request. (Id. at ¶ 6.) At the time Plaintiff filed and served these motions, it still has not received any responses to its discovery requests from Defendant. (Id. at ¶ 7.) The Court is also not in receipt of any opposition from Defendant.

Motions to compel Form Interrogatories (set 1 and 2), then, are GRANTED. Defendant is ordered to provide responses to the outstanding form interrogatories within 20 days.

Plaintiff’s motion for order deeming admitted truth of facts and genuineness of documents is GRANTED.

Plaintiff moves for an order deeming its requests for admission (sets 1 and 2), propounded on Defendant admitted pursuant to section 2033.280.

Sections 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.

On July 26, 2019, Plaintiff served its Request for Admissions, Sets One and Two. (LeLievre Decl. ¶ 4.) Defendant’s responses were due on September 3, 2019. (Id.) At the time Plaintiff filed and served these motions, it still has not received any responses to its discovery requests from Defendant nor any request for an extension of time. (Id. at ¶ 7.) The Court also notes that it did not receive an opposition from Defendant and, presumably, Plaintiff still has not received responses from Defendant either.

This motion, then, is GRANTED.

Sanctions awarded to Plaintiff in the total requested amount of $811.65 for all the discovery motions against Defendant and its counsel.

Sections 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.

Section 2033.280(c) also authorizes the Court to impose a sanction against any party/attorney who fails to serve a timely response to requests for admission necessitating this motion.

Thus, sanctions are awarded in the requested total reasonable sum of $811.65.