JEANNINE THAYER ET AL VS FORZA CONSTRUCTION INC ET AL

Tentative Rulings

Case Number: BC675344    Hearing Date: January 13, 2020    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiffs seek to deem RFAs, sets three and four, propounded on Defendants, Forza and Coleman, deemed admitted. Defense Counsel declares, at ¶¶3-5 of her declaration in opposition to the motion, that upon receipt of Plaintiffs’ other discovery motions, she asked Plaintiffs’ attorney if there was any additional discovery outstanding. Plaintiffs’ attorney stated there was not, and then filed these motions two months later. Plaintiffs do not address this statement in reply, and therefore it stands uncontested. The Court finds this very troubling.

The Court cannot grant a motion to deem RFAs admitted if the responding party, prior to the hearing, serves responses in substantial compliance with the Code. Defendants did so. Any additional determination concerning the merits of the responses must be handled by way of a motion to compel further responses.

The Court realizes its discretion to decline to impose sanctions in Plaintiffs’ favor is limited. However, the Court finds Plaintiffs’ attorney’s tactics in stating there are no additional discovery obligations outstanding and then filing these motions two months later to be so egregious that it declines to impose sanctions on Defendants. Defendants’ request for sanctions is also denied, as it is clear Defendants did not timely respond to the RFAs at issue.

Plaintiffs are ordered to give notice.

Parties who intend to submit on this tentative must send an email to the court at sscdept3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.

Case Number: BC675344    Hearing Date: January 10, 2020    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

This case has motions to deem RFAs admitted on calendar on 1/10/20, and also has motions to deem RFAs admitted on calendar 1/13/20.  The Court wishes to hear all of the motions together.  The 1/10/20 hearings are therefore continued to 1/13/20 at 1:30 p.m. in Department 3, to be heard contemporaneously with the scheduled 1/13/20 motions.  Plaintiffs are ordered to give notice.

Case Number: BC675344    Hearing Date: November 06, 2019    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff, Jeannine Thayer propounded special interrogatories, set two, form interrogatories, set two, RPDs, set two, and RFAs, set two on Defendant, Forza Construction, Inc. and Dan Coleman on 12/12/18. Plaintiff seeks an order compelling Defendants to respond, without objections, to the outstanding discovery, deeming the RFAs admitted, and requiring Defendants and Defense Counsel to pay sanctions.

Defendants oppose the motions, contending the discovery was not originally received, and once it was received, their attorney experienced medical and family emergencies, such that responses were not served. Defense Counsel declares responses are being prepared and will be served prior to the hearing on the motions. Plaintiff objects to most of the declaration, correctly noting that one attorney is attempting to state what happened to another attorney, which lacks personal knowledge and is hearsay. The objections are sustained.

Plaintiff’s motions to compel are granted. To the extent Defendants have not already done so, Defendants are ordered to serve verified responses to form interrogatories, set two, special interrogatories, set two, and RPDs, set two, without objections, within ten days. CCP §§2030.290(a),(b), 2031.300(a),(b).

To the extent Defendants fail to serve verified responses to the RFAs, in substantial compliance with the code, prior to the hearing on the motions, Plaintiff’s motions to deem RFAs admitted are granted. To the extent Defendants establish they served such responses, the motions will be substantively denied. CCP §2033.280(b).

Sanctions are mandatory in connection with the motions to compel unless Defendants show good cause or substantial justification. §§2030.290(c), 2031.300(c). Sanctions are absolutely mandatory in connection with the motions to deem RFAs admitted. §2033.280(c). Because the objections concerning the portion of the declaration showing why responses were not timely served are sustained, Defendants failed to show good cause or substantial justification for failure to serve timely responses.

Plaintiff seeks sanctions in the amounts of $1110/motion. Counsel bills at the rate of $300/hour. The Court awards one hour of time to prepare each of these form discovery motions. The Court awards .5 hours to prepare the objections to the opposition. The Court awards the requested one hour to appear at the hearing on the motion, but only awards the time one. The Court therefore awards a total of 7.5 hours of attorney time at the requested rate $300/hour, or $1500 in attorneys’ fees. The Court also awards six filing fees of $60 each, or $360 in costs. Sanctions are sought against and imposed against Defendants and their attorney of record, jointly and severally; they are ordered to pay sanctions to Plaintiff, by and through her attorney of record, in the amount of $1860, within twenty days.

Plaintiff is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the court at sscdept3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.