RAMON NOCHEZ AGUILAR VS OK SUH KIM, ET AL.

Tentative Rulings

Case Number: 18STLC14141    Hearing Date: January 13, 2021    Dept: 26

Aguilar v. Kim, et al.

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED

(CCP § 2033.280)

TENTATIVE RULING:

Defendants Ok Suh Kim and Sung Hee Ryu’s Motion to Deem Requests for Admission Admitted Against Plaintiff Roman Nochez Aguilar is GRANTED. PLAINTIFF AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $260.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

On May 21, 2020, Defendants Ok Suh Kim and Sung Hee Ryu (“Defendants”) served Requests for Admissions on Plaintiff Roman Nochez Aguilar (“Plaintiff”). (Motion, Denny Decl., Exh. A.) As of the filing of this Motion, Defendants have not received any verified responses to the discovery requests propounded on Plaintiff. (Id. at ¶5.) As a result, Defendants filed the instant Motion to Deem the Truth of Matters Specified in Requests for Admissions to Plaintiff as Admitted and for Monetary Sanctions (the “Motion”) on September 14, 2020. To date, no opposition has been filed.

Plaintiff has not provided verified responses to the discovery propounded on May 21, 2020 as of the filing of the Motion. There is no requirement for a prior meet and confer effort before a motion to deem requests for admission can be filed. (Code Civ. Proc., § 2033.280.) Further, the motion can be brought any time after the responding party fails to provide the responses. (Code Civ. Proc., § 2033.280.) Therefore, Defendants are entitled to an order deeming the Requests for Admission admitted. (Code Civ. Proc., § 2033.280.) Sanctions are required under Code of Civil Procedure sections 2023.010, 2023.030 and 2033.280, and have been properly noticed. However, the amount sought is excessive under a lodestar calculation. Sanctions are granted against Plaintiff in the amount of $260.00, based on one hour of attorney time billed at $200.00 per hour, plus the $60.00 filing fee. (Motion, Denny Decl., ¶6.)

Based on the foregoing, Defendants Ok Suh Kim and Sung Hee Ryu’s Motion to Deem Requests for Admission Admitted Against Plaintiff Roman Nochez Aguilar is GRANTED. PLAINTIFF AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $260.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.

Case Number: 18STLC14141    Hearing Date: July 15, 2020    Dept: 26

Aguilar v. Kim, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES, REQUEST FOR PRODUCTION; REQUEST FOR SANCTIONS

(CCP §§ 2030.290; 2031.300)

TENTATIVE RULING:

Defendants Ok Suh Kim and Sung Hee Ryu’s (1) Motion For Order Compelling Plaintiff To Respond to Form Interrogatories; Request for Sanctions; and (2) Motion For Order Compelling Plaintiff to Respond to Request for Production of Documents; Request For Sanctions are GRANTED. PLAINTIFF TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE DISCOVERY REQUESTS WITHIN 20 DAYS’ NOTICE OF THIS ORDER. THE COURT FURTHER ORDERS THAT PLAINTIFF AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY TO PAY SANCTIONS OF $520.00 TO DEFENSE COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.

ANALYSIS:

Plaintiff Ramon Nochez Aguilar (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendants Ok Suh Kim and Sung Hee Ryu (“Defendants”) on November 21, 2018. On March 13, 2019, Defendants served Form Interrogatories and Request for Production of Documents on Plaintiff by mail. (Motions, Ash Decl. ¶3 and Exh. A.) Responses were due by April 17, 2019. (Code Civ. Proc., §§ 2030.260, 2031.250.) Despite numerous meet and confer efforts, Plaintiff has yet to serve responses to the written discovery. (Motions, Ash Decl., ¶¶4-7 and Exhs. B-F.) Defendants filed the instant Motions on January 28, 2020. To date, no oppositions have been filed.

The failure to timely serve responses, whether containing objections, or facts, or both, results in waiver of all objections. (Food 4 Less Supermarkets, Inc. v. Superior Court (1995) 40 Cal.App.4th 651, 658.)

Based on Plaintiff’s failure to timely respond to the propounded discovery requests, Defendants are entitled to verified responses without objections to the interrogatories and requests for production within twenty (20) days of notice of this Order. (Code Civ. Proc., §§ 2030.290, 2031.300.)

The Court also finds that Plaintiff’s failure to respond is a misuse of the discovery procedures. (Code Civ. Proc., § 2023.010, et seq.) The requested sanctions have been properly noticed but are excessive give the simplicity of these unopposed motions. Sanctions are appropriate in the amount of $520.00 based on two hours of attorney time billed at $200.00 per hour, plus two filing fees of $60.00 each. (Motions, Ash Decl., ¶9.) Sanctions of $520.00, awarded jointly and severally against Plaintiff and his counsel of record, are to be paid within thirty (30) days from notice of this Order.

Therefore, Defendants Ok Suh Kim and Sung Hee Ryu’s (1) Motion For Order Compelling Plaintiff To Respond to Form Interrogatories; Request for Sanctions; and (2) Motion For Order Compelling Plaintiff to Respond to Request for Production of Documents; Request For Sanctions are GRANTED. PLAINTIFF TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE DISCOVERY REQUESTS WITHIN 20 DAYS’ NOTICE OF THIS ORDER. THE COURT FURTHER ORDERS THAT PLAINTIFF AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY TO PAY SANCTIONS OF $520.00 TO DEFENSE COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.

Moving party to give notice.