Lawzilla Additional Information: The court’s final order did not impose sanctions against counsel.

Case Number: VC067244 Hearing Date: September 24, 2019 Dept: SEC

TYLER v. LOPEZ

CASE NO.: VC067244

HEARING: 9/24/19

JUDGE: MARGARET M. BERNAL

#12

TENTATIVE ORDER

I. Plaintiff Tyler’s motion for order compelling responses to Plaintiff’s form interrogatories set one, and for sanctions is GRANTED.

II. Plaintiff Tyler’s motion for order compelling production and answers to requests for production of documents, set one, and for sanctions is GRANTED.

III. Plaintiff Tyler’s motion for order requests for admissions, set one be admitted and for sanctions is GRANTED.

Defendant Lopez is ordered to serve responses without objections within 15 days. Reduced sanctions are imposed against Defendant Lopez and counsel, jointly and severally, in the reasonable sum of $2,000.00 payable within 30 days.

Moving Party to give NOTICE.

Plaintiff Tyler moves to compel responses to form Interrogatories, requests for production of documents, and to deem matters admitted pursuant to CCP §§ 2030.290, 2031.300, and 2033.280.

CCP §§ 2030.290(b) and 2031.300(b) allow the propounding party to file a motion to compel responses to interrogatories and document demands if a response has not been received. If responses are untimely, responding party waives objections. (CCP §§ 2030.290(a) and 2031.300(a).) CCP § 2033.280(b) and (c) allow the propounding party to file a motion requesting that the truth of any matters specified in the request for admissions be deemed admitted unless the party to whom the requests have been directed has served before the hearing a proposed response that is in substantial compliance.

Defendant failed to serve any responses. Accordingly, the motions are GRANTED. Defendant is ordered to serve responses without objections within 15 days.

Sanctions: CCP §§ 2023.010(d), 2030.290(c), and 2031.300(c) authorize the court to impose sanctions for failure to respond to discovery without substantial justification. CCP § 2033.280 makes the imposition of sanctions mandatory if a party fails to serve a timely response to requests for admission.

Here, sanctions are appropriate because Defendant failed to serve timely responses to discovery, and imposition of sanctions is mandatory because Defendant failed to respond to request for admissions. The court finds Plaintiff’s total request of $15,044.85 is excessive. Instead, reduced sanctions are imposed against Defendant Lopez and counsel, jointly and severally, in the reasonable sum of $2,000.00 payable within 30 days.