Case Number: 18STCV00975 Hearing Date: January 15, 2020 Dept: 27

[TENTATIVE] ORDER RE: DEFENDANT’S MOTION TO DEEM RFAS ADMITTED; MOTIONS TO COMPEL; MONETARY SANCTIONS

On October 16, 2018, Plaintiff Aurea J. Eleazar (“Plaintiff”) filed this action against Defendant Los Angeles County Metropolitan Transportation Authority (“Defendant”) for injuries and damages sustained when Defendant’s bus collided with Plaintiff’s car. On October 30, 2019, Defendant propounded requests for admissions, form interrogatories, special interrogatories and requests for production on Plaintiff. Defendant sent a letter requesting responses on December 5 but did not receive any responses. However, to date, no responses have been received. Defendant moves for an order compelling discovery responses, deeming requests for admissions admitted, and monetary sanctions.

The three motions to compel responses to the form interrogatories, special interrogatories and requests for production were set for hearing on January 16, 2020, but will be heard on January 15, 2020.

Plaintiff filed no opposition to the motions and did not serve timely responses. It does not appear Plaintiff served substantially compliant responses prior to the hearing on this Motion. Accordingly, the motion to deem admitted requests for admissions is GRANTED. The motions to compel responses are granted. Plaintiff is to serve verified responses to the form interrogatories, special interrogatories and requests for production without objections within 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 Civ. Proc., § 2030.290, subd. (c).) Where a party fails to provide a timely response to requests for admission, “[i]t is mandatory that the court impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.” (Code Civ. Proc., § 2033.280, subd. (c).)

The request for monetary sanctions is GRANTED and imposed against Plaintiff and counsel, jointly and severally, in the reduced amount of $880.00 within twenty (20) days of the date of this order.

Moving party to give notice.