Case Number: BC671212 Hearing Date: May 22, 2018 Dept: 7

[TENTATIVE] ORDER RE: PLAINTIFF’S MOTION TO COMPEL DEFENDANT’S FURTHER VERIFIED RESPONSES; MOTION GRANTED

On August 7, 2017, Plaintiff Alberto Machado (“Plaintiff”) filed this action against Defendant Naaman Scott Marshall (“Defendant”) for motor vehicle and general negligence relating to a January 31, 2016 automobile accident.

On January 10, 2018, Plaintiff served Requests for Admissions, Set One on Defendant, seeking admission of genuineness of Plaintiff’s medical bills and a photograph of Plaintiff’s vehicle involved in the collision. (Declaration of Neal R. Rosenthal, ¶ 3.) On February 6, 2018, Defendant served responses which Plaintiff contends are evasive and tantamount to improper objections. (Rosenthal Decl., ¶ 4.) The parties met and conferred, but defense counsel advised Defendant would not serve further responses. (Rosenthal Decl., ¶ 7.) On May 15, 2018, the parties were set to engage in an Informal Discovery Conference (“IDC”) with the Court. However, no appearance for Defendant was made and the IDC was taken off calendar. Plaintiff moves to compel further responses and monetary sanctions from Defendant.

Upon receipt of responses to discovery requests, the propounding party may move for an order compelling a further response if the propounding party deems that the responses are evasive, incomplete, an objection is without merit or too general. (Code of Civ. Proc., §§ 2030.300, subd. (a), 2031.310, subd. (a), 2033.290, subd. (a).) A motion for an order compelling further responses shall be accompanied by a meet and confer declaration (Code of Civ. Proc., §§ 2030.300, subd. (b), 2031.310, subd. (b)(2), 2033.290, subd. (b)), and notice of the motion shall be given within 45 days of the service of the verified response, or any supplemental verified response, or any specific later date to which the parties have agreed in writing, or the party requesting the order waives any right to compel further responses (Code of Civ. Proc., §§ 2030.300, subd. (c), 2031.310, subd. (c), 2033.290, subd. (c)).

At issue are twelve requests for Defendant to admit the genuineness of documents, including billing statements for services rendered. Defendant responded to each request with “Deny, as the original document was not provided for authentication.” However, Plaintiff argues these requests are governed by CCP Section 2033.060, subdivision (g), which states: “A party requesting an admission of the genuineness of any documents shall attach copies of those documents to the requests, and shall make the original of those documents available for inspection on demand by the party to whom the requests for admission are direct.” (Code of Civ. Proc., § 2033.060, subd. (g).) Plaintiff argues that he was not required to attach the original documents, and that Defendant made no request to inspect the original documents. Therefore, Defendant is required to provide further responses.

The Court agrees Plaintiff was not required to attach the original documents for authentication. As Defendant made no demand to inspect the original documents, Defendant’s responses are evasive and improper grounds for his qualified denials.

The Motion to compel further responses is GRANTED. Defendant is ordered to provide further responses within fifteen (15) days of the date of this Order.

Plaintiff seeks $3,060.00 in monetary sanctions. The court shall impose a monetary sanction against the party who unsuccessfully makes or opposes a motion to compel further responses to interrogatories or demand for production of documents, unless the party subject to the sanction acted with substantial justification or the sanction would otherwise be unjust. (Code of Civ. Proc., §§ 2030.300, subd. (d), 2031.310, subd. (h), 2033.290, subd. (d).) The request for monetary sanctions is GRANTED and imposed against Defendant and his counsel of record, jointly and severally, in the amount of $1,060.00 for two hours preparing this unopposed motion and attending the hearing at Plaintiff’s counsel’s rate of $500 per hour and the $60.00 filing fee. Monetary sanctions are to be paid within twenty (20) days of the date of this Order.

Moving party to give notice.