Case Number: BC719023 Hearing Date: April 29, 2019 Dept: 4B

[TENTATIVE] ORDER RE: DEFENDANT’S MOTION TO COMPEL PLAINTIFF’S RESPONSES TO DISCOVERY AND FOR AN ORDER DEEMING ADMITTED REQUESTS FOR ADMISSIONS

On August 23, 2018, Plaintiff Silvia Pelayo (“Plaintiff”) filed this action against Defendant Los Angeles County Metropolitan Authority dba Metro (“Defendant”) for motor vehicle negligence relating to an October 24, 2017 accident. On October 23, 2018, Defendant served Form Interrogatories, Set Two, Requests for Production of Documents, Set Two, and Requests for Admissions, Set Two on Plaintiff. (Declaration of Maria Hovsepian, ¶ 4; Exh. A.) On January 9, 2019, Defense counsel sent a letter to Plaintiff’s counsel requesting responses within 10 days. (Hovsepian Decl., ¶ 5; Exh. B.) To date, Plaintiff has failed to serve responses. (Hovsepian Decl., ¶ 7.)

Where a party fails to serve timely responses to discovery requests, the court may make an order compelling responses. (Code Civ. Proc., §§ 2030.290, 2031.300; Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.) A party that fails to serve timely responses waives any objections to the request, including ones based on privilege or the protection of attorney work product. (Code Civ. Proc., §§ 2030.290, subd. (a), 2031.300, subd. (a).) Unlike a motion to compel further responses, a motion to compel responses is not subject to a 45-day time limit and the propounding party has no meet and confer obligations. (Sinaiko Healthcare Consulting, Inc., supra, 148 Cal.App.4th at p. 404.)

Where a party fails to timely respond to a request for admission, the propounding 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. (Code Civ. Proc., § 2033.280, subd. (b).) The party who failed to respond waives any objections to the demand, unless the court grants them relief from the waiver, upon a showing that the party (1) has subsequently served a substantially compliant response, and (2) that the party’s failure to respond was the result of mistake, inadvertence, or excusable neglect. (Code Civ. Proc., § 2033.280, subds. (a)(1)-(2).)

The court shall grant a motion to deem admitted requests for admissions, “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).)

Plaintiff filed no opposition to these Motions and it is undisputed she failed to serve timely responses to Defendant’s discovery requests. Accordingly, the Motions to compel Plaintiff’s responses to Defendant’s discovery requests are GRANTED and Plaintiff is ordered to serve verified responses, without objection, to Defendant’s Form Interrogatories, Set Two and Requests for Production of Documents, Set Two within twenty (20) days of the date of this Order.

It does not appear Plaintiff served substantially compliant responses to Requests for Admissions prior to this hearing. Therefore, the Motion for an order deeming admitted requests for admissions is GRANTED.

Where the court grants a motion to compel responses, sanctions shall be imposed against the party who unsuccessfully makes or opposes a motion to compel, unless the party acted with substantial justification or the sanction would otherwise be unjust. (Code Civ. Proc., § 2030.290, subd. (c), 2031.300, subd. (c).) Where a party fails to provide a timely response to requests for admission, “[i]t is mandatory that the court impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.” (Code Civ. Proc., § 2033.280, subd. (c).)

The request for monetary sanctions is GRANTED and imposed against Plaintiff and Plaintiff’s counsel, jointly and severally, in the reduced amount of $675.00 for three hours at defense counsel’s hourly rate of $165.00 and $180.00 in filing fees, to be paid within twenty (20) days of the date of this Order.

Moving party to give notice.