17-CIV-02882 ANN LAI VS. BINARY CAPITAL MANAGEMENT, LLC, ET AL

ANN LAI BINARY CAPITAL MANAGEMENT, LLC
CHRIS BAKER MARK R. CONRAD

ANN LAI’S MOTION T0 HAVE REQUESTS DEEMED ADMITTED AND TO COMPEL FURTHER DISCOVERY RESPONSES AGAINST BINARY CAPITAL MANAGEMENT LLC; REQUEST FOR SANCTIONS TENTATIVE RULING:

The Motion of Plaintiff Ann Lai (“Plaintiff”) to Have Requests Deemed Admitted and to Compel Further Discovery Responses against Defendant Binary Capital Management, LLC (“Defendant”) is ruled on as follows:

Defendant has now served responses to the Requests for Admissions and Form Interrogatories, and contends this motion is moot. (See Conrad Decl., Exhs. F-H.) However, Plaintiff points out that the responses to this discovery are not properly verified by an officer or agent on behalf of Defendant. (See id.)

Although Plaintiff asks that the Requests for Admissions therefore be deemed admitted, the court may deny the motion if it finds that the party has served responses in substantial compliance with C.C.P. section 2033.220 prior to the hearing. The court finds that Defendant’s responses substantially comply with section 2033.220. The motion is therefore DENIED. However, Defendant is ordered to provide a proper verification for the responses to the Requests for Admissions within 14 days of the order. (See C.C.P. §§ 2030.250(b), 2033.240(b).)

The Motion to Compel Responses to the Form Interrogatories is GRANTED. Defendant is to provide properly verified, code-compliant responses, without objections, within 14 days of the order.

Plaintiff’s Request for Sanctions are GRANTED in the amount of $1,050.00, payable by Defendant within 30 days of the date of the order. Sanctions are mandatory on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated the motion. (See C.C.P. § 2033(c).)

If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords sufficient notice to the parties.