2018-00227531-CU-BC

Anthony Rector vs. Penske Used Truck Center

Nature of Proceeding: Motion to Compel 1) Form 2) Special 3) Production

Filed By: Shepard, Nicholas R.

Defendant Penske Truck Leasing Co., L.P.’s (“Defendant”) Motion to Compel Responses to Form Interrogatories, Special Interrogatories, and Requests for Production, and for Monetary Sanctions, as against Plaintiff Anthony Rector (“Plaintiff”) is unopposed and is GRANTED; the request for monetary sanctions is DENIED.

This is a breach of contract case. On July 30, 2018 Defendant served Form Interrogatories, Set One, Special Interrogatories, Set One, and Requests for Production of Documents, Set One, on Plaintiff. Pursuant to the Code of Civil Procedure, Mr. Rector’s responses should have been served no later than September 4, 2018. To date, Mr. Rector has not served responses. (Declaration of Nicholas R. Shepard ¶¶ 1-4.)

By no later than November 16, 2018, Plaintiff shall serve verified written responses, without objections, to the form interrogatories, special interrogatories, and requests for production of documents as requested in Defendant’s moving papers.

Because the motion is unopposed, Defendant’s request for monetary sanctions is DENIED. Although California Rule of Court 3.1348(a) [former Rule 341(a)] purports to authorize sanctions if the motion is unopposed, the Court declines to award such sanctions here, as the specific statutes governing this discovery authorize sanctions only if the motion was unsuccessfully made or opposed. (See Code Civ. Proc. §§ 2030.290(c) (interrogatories); 2031.300(c) (requests for production).) Any order imposing sanctions under the Rules of Court must conform to the conditions of one or more of the statutes authorizing sanctions. (Trans-Action Commercial Investors, Ltd. v. Firmaterr, Inc. (1997) 60 Cal.App.4th 352, 355.) However, repeated failures to comply with discovery obligations may lead the Court to find a “misuse of the discovery process” and award sanctions on that basis pursuant to Code of Civil Procedure §

2023.030(a). (See Laguna Auto Body v. Farmers Ins. Exchange (1991) 231 Cal.App.3d 481.) Moreover, the request for imposition of $585 in monetary sanctions is DENIED on grounds that the requested amount, purportedly based three hours of attorney work at a rate of $195/hour, is asserted only in the legal argument portion of the Memorandum of Points and Authorities and is not supported with admissible evidence in the form of an attorney declaration.

The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further notice is required.

Item 11 2018-00227531-CU-BC

Anthony Rector vs. Penske Used Truck Center

Nature of Proceeding: Motion to Deem Matters Admitted

Filed By: Shepard, Nicholas R.

Defendant Penske Truck Leasing Co., L.P.’s (“Defendant”) Motion to Deem Matters Admitted and for Monetary Sanctions as against Plaintiff Anthony Rector (“Plaintiff”) is unopposed and is GRANTED; the request for monetary sanctions is DENIED.

This is a breach of contract case. On July 30, 2018 Defendant served Requests for Admission on Plaintiff. Pursuant to the Code of Civil Procedure, Mr. Rector’s responses should have been served no later than September 4, 2018. To date, Mr. Rector has not served responses. (Declaration of Nicholas R. Shepard ¶¶ 1-4.)

However, the request for imposition of $585 in monetary sanctions is DENIED on grounds that the requested amount, purportedly based three hours of attorney work at a rate of $195/hour, is asserted only in the legal argument portion of the Memorandum of Points and Authorities and is not supported with admissible evidence in the form of an attorney declaration. (Code Civ. Proc. §§ 2033.280, 2023.010.)

The Court is required to make this order deeming the requests for admissions admitted, as Plaintiff has failed to respond to the requests for admission served upon him, unless Plaintiff serves on Defendant, and files with the Court, before the hearing on the motion, his verified responses to the requests for admission, without objections.

The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further notice is required