FRANCISCO VILLACORTA VS COSTCO WHOLESALE CORPORATION

Tentative Rulings

Case Number: 18STLC09064    Hearing Date: January 09, 2020    Dept: 94

MOTION TO COMPEL RESPONSES TO FORM AND SPECIAL INTERROGATORIES; REQUESTS FOR PRODUCTION OF DOCUMENTS; TO DEEM THE TRUTH OF MATTERS IN REQUEST FOR ADMISSIONS AS ADMITTED; AND TO REQUEST FOR SANCTIONS

(CCP §§ 2030.290; 2031.300; 2033.280)

TENTATIVE RULING:

Defendant Costco Wholesale Corporation’s Motion to Compel Responses to Form Interrogatories, Set One; and Request for Sanctions; and Motion to Deem the Truth of Matters in Request for Admissions as Admitted; and Request for Sanctions are PLACED OFF CALENDAR AS MOOT.

Defendant’s Motion to Compel Responses to Request for Production of Documents; and Request for Sanctions is GRANTED. PLAINTIFF IS ORDERED TO PAY SANCTIONS OF $630.00 TO DEFENSE COUNSEL WITHIN 30 DAYS OF SERVICE OF NOTICE OF THIS ORDER.

SUMMARY OF COMPLAINT: Action for premises liability based on slip and fall.

REQUEST FOR RELIEF: Order Plaintiff to serve responses to discovery requests and deem requests for admission admitted.

OPPOSITION: Discovery responses having now been served, the discovery motions are moot.

REPLY: Responses without objection have not been served for the Request for Production and Defendant is entitled to an order granting that motion.

ANALYSIS:

On July 3, 2018, Plaintiff Francisco Villacorta (“Plaintiff”), a minor by and through his Guardian ad Litem Leonor Orellana, filed the instant action for premises liability and negligence against Defendant Costco Wholesale Corporation (“Defendant”). Defendant served Form Interrogatories, Sets One and Two, Request for Production of Documents, and Request for Admissions on Plaintiff on September 24, 2019. (Motion, Ung Decl., ¶4.)

Defendant now brings the instant Motions to Compel Responses to Form Interrogatories and Request for Production of Documents; to Deem the Truth of Matters in Request for Admissions as Admitted; and to Request for Sanctions (the “Motions”). On December 24, 2019, Plaintiff filed an opposition contending the Motions are moot as he has now served complete responses without objections. On January 2, 2020, Plaintiff filed a reply disputing that complete responses were served.

Due to the failure to respond to the propounded discovery requests, Plaintiff is ordered to serve verified responses, without objections, to Defendant’s Request for Production within twenty (20) days from the date of Defendants serving a notice of this Order. (Code Civ. Proc., §§ 2030.290; 2031.300.) Monetary sanctions are also awarded under Code of Civil Procedure sections 2033.280, 2030.290 and 2031.300. Given the simplicity of the Motions, the Court finds that total sanctions are appropriate in the amount of $630.00 based on three hours of attorney time billed at $150.00 per hour and three filing fees of $60.00 each. (Motions, Ung Decl., ¶8.) Sanctions are to be paid within thirty (30) days from the date of Defendant serving a notice of this Order.

Defendant Costco Wholesale Corporation’s Motion to Compel Responses to Form Interrogatories, Set One; and Request for Sanctions; and Motion to Deem the Truth of Matters in Request for Admissions as Admitted; and Request for Sanctions are PLACED OFF CALENDAR AS MOOT.

Defendant’s Motion to Compel Responses to Request for Production of Documents; and Request for Sanctions is GRANTED. RESPONSES TO THE INTERROGATORIES ARE TO BE SERVED BY PLAINTIFF WITHIN 20 DAYS OF SERVICE OF NOTICE OF THIS ORDER. PLAINTIFF IS FURTHER ORDERED TO PAY SANCTIONS OF $630.00 TO DEFENSE COUNSEL WITHIN 30 DAYS OF SERVICE OF NOTICE OF THIS ORDER.

Moving party to give notice.