Steve Schwab vs Christopher Bowen et al

Case Number

23CV01060

Case Type

Hearing Date / Time

Mon, 09/25/2023 - 10:00

Nature of Proceedings

Motion to Deem the Truth of Matters in Requests for Admission Admitted; Memorandum of Points; Declaration of Wiley Uretz; Motion: Compel Resp to Requests for Production; Motion: Compel Resp to Form Interrogatories

Tentative Ruling

On June 6, 2023, plaintiff served defendant with Form Interrogatories (Set 1), Requests for Production (Set 1), and Requests for Admissions (Set 1). No responses were provided. On August 14, 2023, plaintiff filed motions to compel responses to the interrogatories and requests for admission, and a motion to have the matters set forth in the requests for admissions to be deemed admitted, seeking sanctions for each motion in the amounts of $940.00, $727.50, and $727.50, respectively. Defendant has not responded to the motions.

The Court will grant the motions to compel responses to the form interrogatories and the requests for production of documents, and will order defendant to provide verified responses, without objections, no later than October 9, 2023.

If defendant provides verified responses to the requests for admissions by the time of the hearing on this motion, the motion for deemed admissions will be denied. If defendant fails to provide verified responses to the requests for admissions by the time of the hearing on this motion, the motion for deemed admissions will be granted.

Because defendant’s failure to respond to the discovery required plaintiff to file the current motions, the Court will award plaintiff sanctions in the total amount of $1,500, payable by defendant forthwith.