Case Number: BC707510 Hearing Date: December 27, 2018 Dept: 7

[TENTATIVE] ORDER RE: MOTION TO COMPEL DEFENDANTS’ RESPONSES TO DISCOVERY AND DEEM ADMITTED REQUESTS FOR ADMISSIONS; MOTION GRANTED

On May 23, 2018, Plaintiff California Fair Plan (“Plaintiff”) filed this action against Defendants Joey Aaron Duarte and Jose Gastelum Jr. (collectively, “Defendants”) for motor vehicle and general negligence relating to a June 25, 2016 automobile accident. On August 21, 2018, Plaintiff served Form Interrogatories, Request for Production of Documents, and Requests for Admissions on each defendant. (Declaration of Cynthia Farias, ¶ 2.) After no responses were received, Plaintiff sent a meet and confer letter to defense counsel. (Farias Decl., ¶ 3.) Plaintiff’s counsel spoke with defense counsel’s secretary and asked that defense counsel call her back to meet and confer. (Farias Decl., ¶ 4.) To date, no responses have been received. (Farias Decl., ¶¶ 6, 7.) Plaintiff moves to compel Defendants’ responses and to deem admitted requests for admissions.

Where a party fails to serve timely responses to discovery requests, the court may make an order compelling responses. (Code of 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 of 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 of 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 of 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 of Civ. Proc., § 2033.280, subd. (c).)

Defendants filed no oppositions to these Motions and it is undisputed that they failed to serve timely responses to Plaintiff’s discovery requests. Accordingly, the Motions to compel Defendants’ responses to Plaintiff’s Form Interrogatories and Requests for Production are GRANTED. Each defendant is ordered to serve verified responses, without objection, to Plaintiff’s discovery requests within twenty (20) days of the date of this Order.

The Motion to deem 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 of Civ. Proc., § 2030.290, 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 of Civ. Proc., § 2033.280, subd. (c).)

Plaintiffs’ request for monetary sanctions is GRANTED and imposed against Defendant and his attorney of record, jointly and severally, in the reduced amount of $1,140.00 for three hours at Plaintiffs’ counsel’s hourly rate of $350.00 and $360.00 in filing fees, to be paid within twenty (20) days of the date of this Order.

Moving party to give notice.