Case Number: KC065425 Hearing Date: May 21, 2014 Dept: O

Kelly v. Rowland Unified School District (KC065425)

1. Plaintiff Kelly’s MOTION TO COMPEL VERIFIED RESPONSES TO FORM INTERROGATORIES (SET TWO)

Respondent: NO OPPOSITION

2. Plaintiff Kelly’s MOTION TO COMPEL VERIFIED RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS (SETS 2 & 3)

Respondent: NO OPPOSITION

3. Plaintiff Kelly’s MOTION TO COMPEL VERIFIED RESPONSES TO SPECIAL INTERROGATORIES (SET ONE)

Respondent: Defendant Rowland Unified School District

4. Plaintiff Kelly’s MOTION TO DEEM ADMITTED REQUESTS FOR ADMISSIONS (SET ONE)

Respondent: Defendant Rowland Unified School District

TENTATIVE RULING

1-2. Motions to Compel Responses to Form Interrogatories and Document Demands

Plaintiff Kelly’s motions to compel responses to form interrogatories and document demands are GRANTED. Defendant is ordered to respond to form interrogatories and document demands without objections within 10 days. Reduced sanctions are imposed against Defendant in the sum of $2,000.00 payable within 30 days.

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).)

Defendant failed to serve verified and timely responses to form interrogatories and document demands. Defendant is ordered to respond to form interrogatories and document demands without objections within 10 days.

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.

Here, sanctions are appropriate because Defendant failed to serve timely responses to discovery. The court finds Plaintiff’s total request of $3,120.00 to be excessive. Instead, reduced sanctions are imposed against Defendant in the sum of $2,000.00 payable within 30 days.

3. Motion to Compel Responses to Special Interrogatories

Plaintiff Kelly’s motion to compel verified responses to special interrogatories (set one) is GRANTED. Defendant is ordered to provide further responses, without objections, within 10 days. Reduced sanctions are imposed against Defendant in the sum of $1,000.00 payable within 30 days.

Within 30 days after service of interrogatories, the party to whom the interrogatories are propounded shall serve the original of the response to them on the propounding party. (CCP 2030.260(a).) 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).)

On 1/13/14, Plaintiff mail-served Special Interrogatories. 30 days from 1/13/14 is 2/12/14. CCP 1013 extends Defendant’s deadline to respond by 5 calendar days. Defendant’s responses were due on 2/17/14. Defendant failed to serve timely responses, and therefore waived objections.

“On motion,” the court may relieve Defendant from this waiver pursuant to CCP 2030.290. However, Defendant failed to file any such motion.

Accordingly, Plaintiff’s motion is GRANTED. Defendant is ordered to provide further responses, without objections, within 10 days.

Sanctions: CCP 2023.010(d) and 2030.290(c) authorize the court to impose sanctions for failure to respond to discovery without substantial justification.

Here, sanctions are appropriate because Defendant failed to serve timely responses to discovery. The court finds Plaintiff’s request of $1,560.00 to be excessive. Instead, reduced sanctions are imposed against Defendant in the sum of $1,000.00 payable within 30 days.

4. Motion to Compel Responses to Requests for Admissions

Plaintiff Kelly’s motion to deem admitted requests for admissions (set one) is DENIED as moot. Reduced sanctions are imposed against Defendant in the sum of $1,000.00 payable within 30 days.

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.

Defendant has served responses to Requests for Admissions that are in substantial compliance. Accordingly, motion is DENIED as moot.

Sanctions: 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 mandatory because Defendant failed to timely serve responses to Requests for Admissions. The court finds Plaintiff’s request of $1,560.00 to be excessive. Instead, reduced sanctions are imposed against Defendant in the sum of $1,000.00 payable within 30 days.