Case Number: KC069652 Hearing Date: June 28, 2018 Dept: O

St. James Home for the Elderly, Inc. v. Ibarra (KC069652)

Plaintiff St. James Home for the Elderly, Inc.’s MOTION TO COMPEL DEFENDANT’S RESPONSES TO (1) FORM INTERROGATORIES, (2) SPECIAL INTERROGATORIES, AND (3) REQUESTS FOR PRODUCTION OF DOCUMENTS AND TO DEEM REQUESTS FOR ADMISSIONS ADMITTED

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff St. James Home for the Elderly, Inc.’s motion to compel defendant’s responses to (1) form interrogatories, (2) special interrogatories, and (3) requests for production of documents and to deem requests for admissions admitted is GRANTED. Defendant is ordered to respond to discovery within 10 days without objections. The truth of the matters in Plaintiff’s request for admissions is deemed admitted.

Reduced sanctions are imposed against Defendant in the sum of $1,500.00, payable within 30 days.

CCP 2030.290(b) and 2031.300(b) allow the propounding party to file a motion to compel responses to interrogatories and document demands if a response has not been received. If responses are untimely, responding party waives objections. (CCP 2030.290(a) and 2031.300(a).) CCP 2033.280(b) and (c) allow the propounding party to file a motion requesting that the truth of any matters specified in the request for admissions be deemed admitted unless the party to whom the requests have been directed has served before the hearing a proposed response that is in substantial compliance.

Defendant failed to serve any responses. Defendant did not file any opposition to the motions. Defendant is ordered to respond to discovery within 10 days without objections. The truth of the matters in Plaintiff’s request for admissions is deemed admitted.

Sanctions:
CCP 2023.010(d), 2030.290(c) and 2031.300(c) authorize the court to impose sanctions for failure to respond to discovery without substantial justification. CCP 2033.280 makes the imposition of sanctions mandatory if a party fails to serve a timely response to requests for admission.

Here, sanctions are appropriate because Defendant failed to serve any responses to discovery, and imposition of sanctions is mandatory because Defendant failed to respond to request for admissions. The court finds Plaintiff’s request of $2,310.00 is excessive. Instead, reduced sanctions are imposed against Defendants, jointly and severally, in the sum of $1,500.00, payable within 30 days.