Case Number: BC503741    Hearing Date: October 31, 2014    Dept: NCD

TENTATIVE RULING (10/31/14)
#12
BC 503741
STEPANYAN v. MARDIROSS

Defendants Shahik Mardiross and Medick Mardiross’s Motion for an Order that Defendants’ Request for Admissions Propounded to Nune Stepanyan be Deemed Admitted
Defendants Shahik Mardiross and Medick Mardiross’s Motion for Order Compelling Responses to Form Interrogatories Propounded to Plaintiffs (as to Nune Stepanyan only)
Defendants Shahik Mardiross and Medick Mardiross’s Motion for Order Compelling Responses to Requests for Production of Documents Propounded to Plaintiffs (as to Nune Stepanyan only)

TENTATIVE:
[No Opposition]
1.) Motion to compel responses to discovery is GRANTED.
Plaintiff Nune Stepanyan is ordered to provide responses to Form Interrogatories (Set No. One), without objection, within ten days.

Monetary sanctions sought are DENIED, as the notice of motion does not clearly identify each party against whom sanctions are sought.

2.) Defendant Nune Stepanyan is ordered to provide responses to Requests for Production of Documents, without objection, and to permit inspection and copying, within ten days.

Monetary sanctions sought are DENIED, as the notice of motion does not clearly identify each party against whom sanctions are sought.

[Two preceding motions to be heard as to plaintiff Lusine Hovhannisyn on November 7, 2014].

3.) Motion of defendants Shahik Mardiross and Medick Mardiross’s or an order that the truth of the matters specified in Requests for Admissions Propounded to Plaintiff Nune Stepanyan, Set One, be deemed admitted as true is GRANTED. Plaintiff has failed to serve timely responses substantially complying with the provisions of CCP § 2033.220 prior to the hearing on this motion. The court therefore orders that all matters specified in the Requests for Admissions Propounded to Plaintiff Nune Stepanyan are deemed admitted as true, pursuant to CCP § 2033.280.

Monetary sanctions in the amount of $627.50 [$627.50 requested] are awarded against plaintiff Nune Stepanyan, and plaintiff’s counsel of record, jointly and severally, payable within 30 days.

ANALYSIS:
Interrogatories and Document Demands
Note: with respect to these motions, the moving party set for hearing this date these two motions as to Nune Stepanyan only when the motions are technically directed at both plaintiffs. This may have resulted from limitations imposed in the office of the Court Clerk. The motions as to the other plaintiff are to be heard on November 7, 2014. In addition, the motions are entitled motions for “further” responses but actually seek only responses.

In this case, interrogatories and document production demands have been directed to plaintiff and plaintiff has failed to provide timely responses. Defendants have appropriately moved for an order to compel. Accordingly, plaintiff has waived any option to produce, as well as all objections, and is ordered to respond.

Requests for Admissions
With respect to requests for admissions, under CCP § 2033.280, a party who fails to serve a timely response to requests for admissions “waives any objection to the requests.” In addition, the requesting party may move for an order that “the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction….” CCP Section 2033.280(b). The code specifies that “The court shall make this order, unless it finds that the party to whom the requests for admissions have been directed has served, before the hearing on the motion, a proposed response to the request for admissions that is in substantial compliance with section 2033.220.” CCP section 2033.280(c).

In this case, requests for admissions were served on plaintiff, timely responses have not been served, and defendants have filed this motion. Plaintiff has failed to serve timely responses, and has therefore waived all objections. Defendants have filed a noticed motion requesting an order that the requests be deemed admitted as truth. Unless a satisfactory response is served before the hearing, the motion will be granted.