2013-00143799-CL-CL

Cach, LLC vs. Ivan Rangel

Nature of Proceeding: Motion to Compel 1. Production 2. Admissions 3. Special 4. Form

Filed By: Dufek, David Sean

Plaintiff CACH, LLC’s unopposed motion to compel responses to: requests for
production of documents; special interrogatories, set one; form interrogatories, set
one; and to have matters in requests for admission deemed admitted, is granted.
(CCP §§ 2030.290, 2031.300, 2033.280.) The Court is required to make this order deeming the matters in the requests for
admissions admitted, as defendant has failed to respond to the requests for admission
served upon him, unless defendant Ivan Rangel serves on counsel for plaintiff,
and files with the court, before the hearing on the motion, her verified responses
to the requests for admission, without objections.

Plaintiff’s request for a mandatory monetary sanction in connection with the motion for
an order deeming admitted the matters is granted. (CCP § 2033.280(c).) Defendant
shall pay to Plaintiff a mandatory sanction in the amount of $310 ($250/hr x 1 hr plus
$60 filing fee). The monetary sanction is to be paid on or before August 8, 2011. If the
sanction is not paid by that date, Plaintiff may prepare for the court’s signature a formal
order granting the sanction, which may be enforced as a separate judgment. (
Newland v. Superior Court (1995) 40 Cal.App.4th 608, 615.)

Defendant Ivan Rangel shall serve verified written responses to Plaintiff’s requests for
production of documents, special interrogatories, and form interrogatories without
objection, no later than October 15, 2013.

Sanctions in connection with the motion to compel responses to interrogatories are
denied because the motion was not opposed. Although CRC 3.1348(a) purports to
authorize sanctions if a motion is unopposed, the Court declines to do so, as the
specific statutes governing this discovery (CCP 2030.290(c), 2031.300(c)) authorize
sanctions only if the motion was unsuccessfully made or opposed. Any order imposing
sanctions under the CRC 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 conduct of failing to comply with
discovery obligations may lead the Court to find an abuse of the discovery process and
award sanctions on that basis. Laguna Auto Body v. Farmers Insurance Exchange
(1991) 231 Cal. App. 3d 481.

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