Case Number: BC695007 Hearing Date: January 17, 2019 Dept: 4B
[TENTATIVE] ORDER RE: DEFENDANT’S MOTION TO COMPEL PLAINTIFF’S RESPONSES TO DISCOVERY AND DEEM ADMITTED REQUESTS FOR ADMISSIONS; GRANTED
On February 23, 2018, Plaintiff Jose G. Villagrana (“Plaintiff”) filed this action against Defendant Scotty’s Gas, Inc. dba Scotty’s Gas and Food Mart (“Defendant”) for premises liability and general negligence relating to a February 25, 2016 fall on Defendant’s premises. Defendant moves to compel Plaintiff’s responses to discovery requests, for an order deeming admitted requests for admissions, and monetary sanctions.
On August 20, 2018, Defendant served Set Two of Form Interrogatories, Special Interrogatories, Requests for Production of Documents, and Requests for Admissions on Plaintiff. (Declaration of Zachary Mayer, ¶ 3.) After no responses were received, Defendant sent an email to Plaintiff’s counsel regarding outstanding discovery. (Mayer Decl., ¶ 6.) To date, Plaintiff has not responded to defense counsel’s email and has provided no responses. (Mayer Decl., ¶ 6.)
Compel Responses
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.)
Plaintiff failed to file an opposition to these Motions and it is undisputed Plaintiff failed to serve timely responses to Defendant’s discovery requests. Accordingly, the Motions to compel Plaintiff’s responses to discovery are GRANTED. Plaintiff is ordered to serve verified responses, without objection, to Defendant’s Form Interrogatories, Special Interrogatories, and Requests for Production within twenty (20) days of the date of this Order.
Deem Admitted
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).)
Plaintiff failed to file an opposition to this Motion and it is undisputed Plaintiff failed to serve timely responses to Defendant’s requests for admissions. It also does not appear Plaintiff served substantially compliant responses prior to the hearing on this Motion. Accordingly, the Motion to deem admitted requests for admissions is GRANTED.
Monetary Sanctions
The Court notes three filing fees were paid for these motions to compel responses to form interrogatories, special interrogatories, requests for production of documents, and to deem admitted requests for admissions, which should have been filed as four separate motions and four filing fees paid. Defendant is ordered to pay the additional filing fee and to bring proof of payment to the hearing on these Motions. If payment is not made, the hearing will be continued so that payment may be made.
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).)
Defendant’s request for monetary sanctions is GRANTED and imposed against Plaintiff and Plaintiff’s counsel, jointly and severally, in the reduced amount of $870.00, for three hours at defense counsel’s hourly rate of $210.00, the $180.00 filing fees already paid, and the additional $60.00 filing fee ordered to be paid, to be paid to defense counsel within twenty (20) days of the date of this Order.
Moving party to give notice.