2013-00155153-CU-MM

Mekal Faruki vs. Sutter Health, Inc.

Nature of Proceeding: Motion to Compel 1. Form 2. Special 3. Production of Docs 4.

Filed By: Green, Christian

Defendant Sutter Alhambra Surgery Center’s Motion to Compel Self-represented
Plaintiff Mekal Faruki to provide Answers to Form and Special Interrogatories and
Requests for Production (Sets One) is unopposed and is GRANTED. The request for
imposition of sanctions is denied, as the motion is not opposed. Code Civil Procedure
sections 2030.290(c), 2031.300(c), 2023.030(a).

Although the Court has received a proof of service by plaintiff on moving party’s
counsel, no declaration or copy of the discovery responses is provided, reflecting that
the responses were verified.

The Motion for Order that Requests for Admissions Be Deemed Admitted is
unopposed and is GRANTED. The request for imposition of monetary sanctions is also
GRANTED. Code of Civil Procedure sections 2033.280, 2023.010.

No monetary sanctions are imposed for the motion to compel responses to
interrogatories or Request for Production. Although California Rules of Court, Rule
3.1030(c) purports to authorize sanctions if the motion is unopposed, the Court
declines to do so, as the specific statutes governing this discovery authorize sanctions
only if the motion was unsuccessfully made or opposed. Any order imposing sanctions
under the C.R.C. must conform to the conditions of one or more of the statutes
authorizing sanctions. Trans-Action Commercial Investors, Ltd. v. Firmaterr, Inc.
(1997) 60 Cal.App.4th 352, 355. However, repeated conduct of failing to comply with
discovery obligations may lead the Court to find an abuse of the discovery process and
award sanctions on that basis. Laguna Auto Body v. Farmers Insurance Exchange
(1991) 231 Cal. App. 3d 481.

Monetary sanctions in the amount of $131.25, representing reasonable attorney’s fees
for the motion to deem requests for admissions admitted of $71.25 (1/4 of this motion),
together with the $60 filing fee, shall be paid by plaintiff Faruki to counsel for the
defendant not later than Friday, May 23, 2014. If sanctions are not paid by the due
date, prevailing party may submit a formal order for enforcement purposes. Newland
v Superior Court (1995) 40 Cal.App.4th 608, 610.

The Court is required to make this order deeming the requests for admissions
admitted, as plaintiff has failed to respond to the requests for admission served upon
him/her, unless plaintiff Faruki serves on counsel for defendant , and files with the
court, before the hearing on the motion, his/her verified responses to the requests for
admission, without objections.

Plaintiff Faruki shall provide counsel for the defendant with verified, written answers to
the Form and Special Interrogatories, without objections and verified, written
Responses, together with all documents responsive to Request for Production (Set
One) in his/her possession, custody or control, not later than Wed., May 7, 2014.

This minute order is effective immediately.