Lawzilla Additional Information: Plaintiff is represented by attorney Howard Kim

Case Number: BC720812 Hearing Date: February 10, 2020 Dept: 27

[TENTATIVE] ORDER RE: DEFENDANT’S MOTION TO COMPEL PLAINTIFF’S RESPONSES AND DEEM RFAS ADMITTED, AND MONETARY SANCTIONS

On September 5, 2018, Plaintiff Cynthia L. Carlomagno (“Plaintiff”) filed this action against Defendant Dina Humphreys arising from a September 12, 2016 vehicle accident. On September 13, 2019, Defendant served requests production of documents, special interrogatories, form interrogatories, and requests for admission. On December 10, 2019, defense counsel emailed Plaintiff’s counsel about the missing responses. Plaintiff did not serve responses. Defendant moves to compel Plaintiff’s responses, for an order deeming requests for admissions admitted, and for monetary sanctions.

Compel Responses

Where a party fails to serve timely responses to discovery requests, the court may make an order compelling responses. (Code Civ. Proc., §§ 2030.290, 2031.300; Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.) A party that fails to serve timely responses waives any objections to the request, including ones based on privilege or the protection of attorney work product. (Code Civ. Proc., §§ 2030.290, subd. (a), 2031.300, subd. (a).) Plaintiff filed no opposition to these motions and failed to serve responses. Accordingly, the motions to compel are GRANTED, and Plaintiff is ordered to serve verified responses, without objection, to Plaintiff’s requests for production of documents, special interrogatories, and form interrogatories within twenty (20) days of the date of this order.

Deem Admitted

Where a party fails to timely respond to a request for admission, the propounding party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted. (Code Civ. Proc., § 2033.280, subd. (b).) The party who failed to respond waives any objections to the demand, unless the court grants them relief from the waiver, upon a showing that the party (1) has subsequently served a substantially compliant response, and (2) that the party’s failure to respond was the result of mistake, inadvertence, or excusable neglect. (Code Civ. Proc., § 2033.280, subds. (a)(1)-(2).) The court shall grant a motion to deem admitted requests for admissions, “unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220.” (Code Civ. Proc., § 2033.280, subd. (c).)

Plaintiff filed no opposition to this motion and did not serve timely responses. It does not appear Plaintiff served substantially compliant responses prior to the hearing. Accordingly, the motion to deem requests for admissions admitted is GRANTED.

Monetary Sanctions

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 of record, jointly and severally, in the reduced amount of $1,200.00 to be paid within twenty (20) days of the date of this order.

Moving party to give notice.