2013-00156619-CU-WT

Rhonda Smira vs. Kevin Sloat

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

Filed By:   Haynes, Derek

Defendants’ to Compel Responses to Form Interrogatories and Requests for
Production, and for an order deeming Requests for Admission admitted is unopposed
and is granted as follows.

Defendants’ Motion for Order Deeming Requests for Admission Admitted as to plaintiff
is unopposed and is granted.  The requests for admission are deemed admitted,
unless the plaintiff serves responses to the requests before the hearing that are in
substantial compliance with CCP 2033.220.  If such responses are served, the moving
party is to notify the court clerk forthwith.

Defendants’ Motion to Compel Responses to Requests for Production is unopposed
and is granted.  Plaintiff is ordered to serve verified responses, without objections, and
to produce the documents, on or before June 10.

Defendants’ Motion to Compel Responses to Employment Form Interrogatories is
unopposed and is granted.  Plaintiff is ordered to serve verified responses, without
objections, on or before June 10.

As to the interrogatories and requests for production, sanctions are denied because
the motion was not opposed.  Although CRC 3.1348(a) purports to authorize sanctions
if a motion is unopposed, the Court declines to do so, as the specific statutes
governing this discovery (CCP 2030.290(c), 2031.300(c)) authorize sanctions only if
the motion was unsuccessfully made or opposed.  Any order imposing sanctions under
the CRC 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.

Plaintiff is ordered to pay monetary sanctions in the reasonable amount of $310 for the
portion of the motion related to the requests for admission.  CCP 2033.280(c).

The minute order is effective immediately.  No formal order pursuant to CRC Rule
3.1312 or further notice is required.