Lawzilla Additional Information:
Per the Los Angeles court records defendants are represented by attorney Paul Bigley of Freeman Mathis & Gary.

Case Number: BC690845 Hearing Date: June 01, 2018 Dept: 7

[TENTATIVE] ORDER RE: DEFENDANT’S MOTION FOR ORDER COMPELLING RESPONSES TO DISCOVERY, DEEMING ADMITTED REQUESTS FOR ADMISSION, AND IMPOSING MONETARY SANCTIONS; MOTIONS GRANTED

On January 19, 2018, Plaintiff Ali Nabizadeh (“Plaintiff”) filed this action against Defendants Barry Werner and Cade Werner (collectively, “Defendants”) for negligence relating to an August 7, 2017 automobile collision.

On March 2, 2018, Plaintiff served Form Interrogatories, Requests for Production, and Requests for Admissions, on each Defendant. (Declaration of K. Tom Kohan, ¶ 2.) Defendants failed to serve any responses and have not requested any extensions. (Kohan Decl., ¶ 3.) Plaintiff’s counsel faxed a meet and confer letter to defense counsel, but received no response. (Kohan Decl., ¶¶ 4, 5.) Plaintiff seeks an order compelling responses, deeming admitted requests for admission, and imposing monetary sanctions.

Where a party fails to serve timely responses to discovery requests, the court may make an order compelling responses. (Code of 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 protion of attorney work product. (Code of 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.)

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 of 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 of 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 of Civ. Proc., § 2033.280, subd. (c).)

Defendants filed no opposition to this Motion and it is undisputed Defendants failed to serve timely responses to Plaintiff’s Request for Admissions. It does not appear Plaintiff served any proposed responses in substantial compliance prior to this hearing.

Accordingly, the Motion to compel and deem admitted is GRANTED. Defendants are each ordered to provide verified responses, without objections, to Plaintiff’s form interrogatories and requests for production within twenty (20) days of the date of this Order.

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 of Civ. Proc., §§ 2030.290, subd. (c), 2031.300, subd. (c).) “It is mandatory that the court impose a monetary sanction . . . on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.” (Code of Civ. Proc., § 2033.280, subd. (c).)

Monetary sanctions are GRANTED and imposed against Defendants and counsel, jointly and severally, in the amount of $1,560.00 for three hours preparing these unopposed Motions and attending the hearing at counsel’s rate of $400.00 per hour, and $360.00 filing fees, within twenty (20) days of the date of this Order.

Moving party to give notice.