Case Number: BC571467 Hearing Date: August 04, 2015 Dept: 93
SUPERIOR COURT OF CALIFORNIA
COUNTY OF LOS ANGELES, STANLEY MOSK COURTHOUSE
DEPARTMENT 93

LILIA CARBAJAL,

Plaintiff(s),

v.

7-ELEVEN, INC., et al.,

Defendant(s).

Case No.: BC571467

Hearing Date: August 4, 2015

[TENTATIVE] ORDER RE:

MOTIONS OF DEFENDANT, 7-ELEVEN, INC., TO: (1) DEEM REQUESTS FOR ADMISSION ADMITTED; (2) COMPEL RESPONSE TO FORM INTERROGATORIES; (3) COMPEL RESPONSE TO SPECIAL INTERROGATORIES; (4) COMPEL RESPONSE TO REQUEST FOR PRODUCTION; AND (5) COMPEL PRODUCTION OF STATEMENT OF DAMAGES; RELATED MONETARY SANCTIONS

The Motions of defendant, 7-ELEVEN, INC., to: (1) DEEM REQUESTS FOR ADMISSION ADMITTED; (2) COMPEL RESPONSE TO FORM INTERROGATORIES; (3) COMPEL RESPONSE TO SPECIAL INTERROGATORIES; (4) COMPEL RESPONSE TO REQUEST FOR PRODUCTION; AND (5) COMPEL PRODUCTION OF STATEMENT OF DAMAGES are GRANTED.

Lilia Carbajal (“Plaintiff”) is ordered to respond to Defendant’s Form Interrogatories, Special Interrogatories, Request for Production of Documents, and Request for Statement of Damages, without objection, within 15 days. Additionally, Defendant’s Requests for Admission are deemed admitted. Moreover, Plaintiff is ordered to pay sanctions to Defendant, by and through Counsel, in the amount of $960 within 15 days.

BACKGROUND

This is a slip and fall case. Lilia Carbajal (“Plaintiff”) alleges she sustained injuries while she was in a store owned by 7-Eleven, Inc. (“Defendant”). On February 4, 2015, Plaintiff filed a complaint against Defendant.

Defendant served the instant motions on May 21, 2015 and filed them a day later. No opposition was filed.

DISCUSSION

A. MOTIONS TO DEEM REQUESTS FOR ADMISSION ADMITTED AND TO COMPEL RESPONSE TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS

According to the declaration of George L. Mallory, Jr. (“Declaration”), on March 3, 2015, Defendant served on Plaintiff Requests for Admission, Form Interrogatories, Special Interrogatories, Request for Production of Documents, and Request for Statement of Damages. Additionally, the Declaration provides that responses were due by April 7, 2015.

The Declaration also provides that Defense Counsel unilaterally granted extensions to provide responses to April 20, 2015, and then to May 15, 2015. Moreover, the Declaration provides that as of the filing of the instant motions, Plaintiff has not provided responses.

Thus, Plaintiff should be compelled to respond to Defendant’s Form Interrogatories, Special Interrogatories, Request for Production of Documents, and Request for Statement of Damages. CCP §§2030.290(b), 2031.300(b), 425.11(b). Defendant is also entitled to an order deeming Requests for Admission admitted. CCP §2033.280(b),(c).

B. SANCTIONS

Defendant requests sanctions on these discovery motions. Sanctions are mandatory in connection with motions to compel responses to interrogatories and requests for production of documents, and 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.” CCP §§2030.290(c); 2031.300(c).

Additionally, regarding motions to Deem Matters Admitted, although LASC Appendix 3.A.(h)(1) provides, “Before filing a motion, counsel should engage in more than a mere pro forma discussion of its purpose in an effort to resolve the issue,” and although a meet and confer declaration under CCP §2016.040 is not prohibited, the language of CCP §2033.280 makes sanctions mandatory.

Plaintiff failed to file an opposition. Defendant seeks sanctions against Plaintiff in the amount of $960 for these motions. The Court finds this amount reasonable.

7-ELEVEN, INC. is ordered to give notice of this ruling.

Dated: August 4, 2015

_______________________
Howard L. Halm
Judge, Los Angeles Superior Court