Case Number: BC719827 Hearing Date: May 31, 2019 Dept: 4A

Motions to Compel Form Interrogatories, Special Interrogatories, and Request for Production of Documents (All Set One); Motion to Deem Truth of Requests for Admission (Set One)

Having considered the moving papers, the Court rules as follows. No opposition was filed.

BACKGROUND

On August 27, 2018, Plaintiff Francisco Barrera (“Plaintiff”) filed a complaint against Defendants Bodega Latina Corporation and El Super alleging premises liability for a slip-and-fall accident that occurred on August 26, 2016.

On March 14, 2019, Defendant Bodega Latina Corporation dba El Super filed a motion to deem the truth of Request for Admissions (Set One) and a motion to compel Plaintiff’s responses to Form Interrogatories (Set One).

On March 19, 2019, Defendant Bodega Latina Corporation dba El Super filed a motion to compel Special Interrogatories and a motion to compel Request for Production of Documents (Both Set One).

Trial is not set in this matter.

PARTY’S REQUESTS

Defendant Bodega Latina Corporation dba El Super (“Defendant”) asks the Court for an order compelling Plaintiff to provide verified responses, without objections, to Defendant’s: (1) Form Interrogatories, (2) Special Interrogatories, and (3) Request for Production of Documents (All Set One).

Defendant also requests the Court for an order that the truth of all matters specified in Defendant’s Request for Admissions (Set One) be deemed admitted by Plaintiff.

Defendant further requests a total of $3,540.00 in monetary sanctions against Plaintiff and Plaintiff’s counsel of record for bringing these four motions. This amount consists of $720.00 for each of the motions to compel responses to Special Interrogatories and Request for Production of Documents, and the motion to deem the truth of Request for Admissions (All Set One). The total also consists of $1,380 for the motion to compel responses to Form Interrogatories (Set One) and travel to and appearance at the hearings.

LEGAL STANDARD

If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetary sanction. (Code Civ. Proc. § 2030.290, subd. (b).) The statute contains no time limit for a motion to compel where no responses have been served. All that need be shown in the moving papers is that a set of interrogatories was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served. (Leach v. Superior Court (1980) 111 Cal.App.3d 902, 905-906.)

Where there has been no timely response to a demand for the production of documents, the demanding party may seek an order compelling a response. (Code Civ. Proc. § 2031.300, subd. (b).) Failure to timely respond waives all objections, including privilege and work product. (Code Civ. Proc. § 2031.300, subd. (a).) Thus, unless the party to whom the demand was directed obtains relief from waiver, he or she cannot raise objections to the documents demanded. There is no deadline for a motion to compel responses. Likewise, for failure to respond, the moving party need not attempt to resolve the matter outside court before filing the motion.

Under California Code of Civil Procedure section 2023.030, subd. (a), “[t]he court may impose a monetary sanction ordering that one engaging in the misuse of the discovery process, or any attorney advising that conduct, or both pay the reasonable expenses, including attorney’s fees, incurred by anyone as a result of that conduct. . . . If a monetary sanction is authorized by any provision of this title, the court shall impose that sanction unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” Failing to respond or to submit to an authorized method of discovery is a misuse of the discovery process. (Code of Civ. Proc. § 2023.010.)

Pursuant to Code of Civil Procedure section 2033.280, subdivision (b), a “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, as well as for a monetary sanction under Chapter 7 (commencing with section 2023.010).” The court “shall” grant the motion to deem requests for admission admitted “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).)

Sanctions are mandatory in connection with a motion to deem matters specified in a request for admissions as true and motions to compel responses to interrogatories and requests for production of documents against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel unless the court “finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” (Code Civ. Proc. §§ 2030.290, subd. (c), 2031.300, subd. (c), 2033.280, subd. (c).)

DISCUSSION

On January 4, 2019, Defendant served Form Interrogatories, Special Interrogatories, Demand for Production of Documents, and Request for Admissions (All Set One) to Plaintiff. (All Four Declarations of Eric S. Eliot (“Eliot Decl.”), ¶ 4, Exh A.) On February 15, 2019, Defendant granted Plaintiff an extension to respond to outstanding discovery, which expired on March 4, 2019. (Eliot Decl., ¶ 7, Exh B.) Plaintiff had not provided responses to the outstanding discovery as of the date the relevant motions were filed. (Eliot Decl., ¶¶ 8-9.)

Defendant requests a total of $3,540.00 ($165.00/hr. x 20 hrs. plus four $60.00 filing fees) in monetary sanctions for preparing and filing the motions and appearing at the hearings. (Eliot Decl., ¶¶ 12-13.) This Court finds this to be an unreasonable amount of sanctions for these four substantially similar motions.

The court finds $1,230.00 ($165.00/hr. x 6 hrs. plus four $60.00 filing fees) to be a reasonable amount of monetary sanctions to be imposed against Plaintiff and his counsel of record, jointly and severally, for these four motions.

Defendant’s motions are GRANTED.

The Court orders Plaintiff to provide verified responses, without objections, to Defendant’s Form Interrogatories, Special Interrogatories, and Request for Production of Documents (All Set One) within 30 days of this order.

The Court also orders the truth of the matters specified in Defendant’s Request for Admissions (Set One) to be deemed admitted by Plaintiff.

The Court further orders Plaintiff and his counsel of record to pay Defendant $1,230.00, jointly and severally, within 30 days of this order.

Defendant is ordered to give notice of this ruling.