Motion To Compel Further Responses To Request For Admissions
Motion To Compel Further Responses To Request For Admissions
vs.
12 NOTICE OF MOTION AND MOTION
11777 San Vicente Blvd., Suite 702
T: 310.651.8685 • F: 310.651.8681
Los Angeles, California 90049
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MOTION TO COMPEL FURTHER RESPONES TO REQUESTS FOR ADMISSION
1 TO THE COURT, ALL PARTIES AND THEIR RESPECTIVE ATTORNEYS OF
2 RECORD:
3 PLEASE TAKE NOTICE that on [Date], at [Time] or as soon thereafter as the matter
4 may be heard in Department [#] of the above-entitled court, Plaintiff [CLIENT’S NAME]
5 (“Plaintiff”), will move the court for an order compelling Defendant, [DEFENDANT’S
7 for Admission, Set No. [#], Requests Nos. [#] served on Defendant on [Date].
8 Notice is further given that Plaintiff will request that the Court award monetary
9 sanctions against Defendant and Defense Counsel, and in favor of Plaintiff in the sum of
10 $1,060.00 pursuant to CCP § 2023.010 et seq., and CCP § 2033.290, et seq.
11 This motion is made pursuant to CCP § 2033.290 on the grounds that the Defendant
SELARZ LAW CORP.
T: 310.651.8685 • F: 310.651.8681
Los Angeles, California 90049
13 This motion is further based upon this notice; the attached Memorandum of Points
14 and Authorities; Separate Statement; Declaration of Daniel E. Selarz and Exhibits, filed
15 herewith; upon the records and files in this action; and upon such further evidence and
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20 By:
Daniel E. Selarz, Esq.
21 Attorneys for Plaintiff(s),
22 [Client’s Name(s)]
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MOTION TO COMPEL FURTHER RESPONES TO REQUESTS FOR ADMISSION
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I. INTRODUCTION
3 The present case arises out of a [Date], [Type of Accident], resulting in personal
4 injuries to Plaintiff [Client’s Name] (“Plaintiff”). On [Date], Plaintiff served Requests for
5 Admission, Set No. [#], on Defendant. (Declaration of Daniel E. Selarz, Esq., (“Selarz
6 Decl.”) ¶2; Exhibit “A”.) On [Date], Defendant served responses which, as to Requests Nos.
7 [#], failed to provide adequate, substantive responses and/or provided responses, which
8 contained general and meritless objections. (Selarz Decl., ¶3; Exhibit “B”.)
9 On [Date], Plaintiff sent a Meet and Confer Letter to Defense Counsel, outlining the
10 deficiencies in Defendant’s responses, unilaterally allowing fifteen additional days to
11 provide further verified substantive responses and offering additional time should it be
SELARZ LAW CORP.
12 requested. (Selarz Decl., ¶4; Exhibit “C”.) It is now May 24, 2020, and Defendants
11777 San Vicente Blvd., Suite 702
T: 310.651.8685 • F: 310.651.8681
Los Angeles, California 90049
13 responses to Plaintiff’s Requests for Admission, Set [#], Nos. [#] remain deficient. (Selarz
14 Decl., ¶5.)
15 As a result of Defendant’s willful refusal to serve full and complete verified responses
16 to these Requests, Plaintiff is unable to proceed with meaningful discovery. The information
17 requested is necessary in order to proceed with depositions, and to effectively prosecute this
18 action and prepare for trial. Accordingly, Plaintiff is forced to file the present motion,
19 requesting a Court order compelling Defendant, to serve full and complete further verified
20 responses, without objections, to Requests for Admission, Set No. [#], Nos. [#] served on
22 and Defense Counsel, jointly, for their misuse of the discovery process and because there is
23 no showing that they acted with substantial justification or that other circumstances make
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MOTION TO COMPEL FURTHER RESPONES TO REQUESTS FOR ADMISSION
1 As demonstrated in moving party’s Separate Statement, Defendant provided
2 incomplete, deficient, nonresponsive and evasive answers to Plaintiff’s Requests for
8 responding party. (2) Deny so much of the matter involved in the request as is untrue. (3)
9 Specify so much of the matter involved in the request as to the truth of which the responding
10 party lacks sufficient information or knowledge.” CCP § 2030.220(b) “If a responding
11 party gives lack of information or knowledge as a reason for a failure to admit all or part of
SELARZ LAW CORP.
12 a request for admission, that party shall state in the answer that a reasonable inquiry
11777 San Vicente Blvd., Suite 702
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Los Angeles, California 90049
13 concerning the matter in the particular request has been made, and that the information
14 known or readily obtainable is insufficient to enable that party to admit the matter.” CCP
15 § 2030.220(c).
19 responses fail to state that a reasonable inquiry concerning the matter was made and that the
21 matter.
25 for Admissions. (See, Chodos v. Superior Court for Los Angeles County, 215 Cal. App. 2d
27 In Cembrook v. Superior Court In and For City and County of San Francisco, 56 Cal.
28 2d 423, 15 Cal. Rptr. 127, 364 P.2d 303 (1961), the Court held that making no attempt to
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MOTION TO COMPEL FURTHER RESPONES TO REQUESTS FOR ADMISSION
1 provide detailed reasons why responding party cannot truthfully admit or deny a request fails
3 “Parties, like witnesses, are required to state the truth, the whole truth, and nothing
4 but the truth in answering written Requests. Deyo v. Kilbourne, 84 Cal. App. 3d 771, 783.
5 “Where the question is specific and explicit, an answer which supplies only a portion of the
6 information sought is wholly insufficient.” Id. Likewise, a party may not provide deftly
12 Deyo at 781-783.
11777 San Vicente Blvd., Suite 702
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15 reasonably available to obtain the information (i.e., facts necessary to respond properly to
16 the discovery requests). See, e.g., Holguin v. Superior Court (1972) 22 Cal.App.3d 812;
17 Lindgren v. Superior Court (1965) 237 Cal.App.2d 743, 746 and Deyo v. Kilbourne (1978)
18 84 Cal.App.3d 771.
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MOTION TO COMPEL FURTHER RESPONES TO REQUESTS FOR ADMISSION
1 CCP § 2033.230 further provides:
2 (a) If only a part of a request for admission is objectionable, the
remainder of the request shall be answered.
3 (b) If an objection is made to a request or to a part of a request, the
specific ground for the objection shall be set forth clearly in the
4 response. If an objection is based on a claim of privilege, the particular
privilege invoked shall be clearly stated. If an objection is based on a
5 claim that the information sought is protected work product under
Chapter 4 (commencing with Section 2018.010), that claim shall be
6 expressly asserted.
7 As demonstrated in moving party’s Separate Statement, Defendant improperly relies
8 upon a myriad of boilerplate and meritless objections. Defendant interposed the same
9 general and boilerplate objections to nearly all Requests, without any effort to explain or
10 identify how each objection applied to any particular question or part of a question.
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Los Angeles, California 90049
13 “If only a part of a request for admission is objectionable, the remainder of the
14 Request shall be answered.” CCP § 2033.230(a).
22 work product under Chapter 4 (commencing with Section 2018.010), that claim shall be
24 Defendant’s responses to Form Request Nos. [#] interpose objections based upon
25 claims of privilege but completely fail to identify the particular privilege asserted or the
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MOTION TO COMPEL FURTHER RESPONES TO REQUESTS FOR ADMISSION
1 CCP § 2033.280(a) provides, in relevant part, the following:
2 If a party to whom requests for admission are directed fails to serve a
timely response . . . [t]he party to whom the requests for admission
3 are directed waives any objection to the requests, including one based
on privilege or on the protection for work product under Chapter 4
4 (commencing with Section 2018.010 ).
5 Belated objections to Requests are not valid unless the defaulting party demonstrates
6 good cause to grant relief from such default, and the burden is on the defaulting party to seek
7 and justify relief. Mannino v. Superior Court, (1983) 142 Cal. App. 3d 776, 778; see CCP
8 § 2030.290(a)(1)-(2).
11 Set No. [#], on Defendant on [Date]. (Selarz Decl. ¶2; Exhibit “A”.) Responses to these
SELARZ LAW CORP.
12 discovery requests were, therefore, due on, or before, [Date], pursuant to CCP §
11777 San Vicente Blvd., Suite 702
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13 2030.260(a). [Thirty-day response plus five calendar days if served by mail (CCP §
14 1013(a))]. Defendant, however, failed to provide responses until [Date]. (Selarz Decl., ¶3;
15 Exhibit “B”.) Defendant has neither sought such relief, nor can relief be justified for
16 Defendant’s willful refusal to comply with its discovery obligations. Accordingly, Plaintiff
17 requests the Court to order compelling Defendant, to serve full and complete further verified
23 motion shall state facts showing a reasonable and good faith attempt at an informal
25 On [Date], Plaintiff sent a Meet and Confer Letter to Defense Counsel, outlining the
26 deficiencies in Defendant’s responses, unilaterally allowing fifteen additional days to
27 provide further verified substantive responses and offering additional time should it be
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MOTION TO COMPEL FURTHER RESPONES TO REQUESTS FOR ADMISSION
1 requested. (Selarz Decl., ¶4; Exhibit “C”.) It is now May 24, 2020, and Defendants
2 responses to Plaintiff’s Requests for Admission, Set [#] remain deficient. (Selarz Decl., ¶5.)
9 As shown by the proof of service attached to Defendant’s verified responses and the
10 proof of service of this Noticed Motion, this Motion is timely made as moving party has
11 noticed the motion within forty-five days of the service of the response.
SELARZ LAW CORP.
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Los Angeles, California 90049
18 attorney, and after opportunity for hearing may impose … sanctions against anyone
19 engaging in conduct that is a misuse of the discovery process…” CCP § 2023.030. “Misuses
20 of the discovery process include, but are not limited to . . . (e) Making, without substantial
24 “The court shall impose a monetary sanction under Chapter 7 (commencing with
25 Section 2023.010) against any party, person, or attorney who unsuccessfully makes or
26 opposes a motion to compel a further response, unless it finds that the one subject to the
27 sanction acted with substantial justification or that other circumstances make the imposition
28 of the sanction unjust.” CCP § 2033.290(d) (emphasis added.). These sanctions may be
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MOTION TO COMPEL FURTHER RESPONES TO REQUESTS FOR ADMISSION
1 awarded under the Discovery Act in favor of a party who files a motion to compel discovery,
2 even though no opposition to the motion was filed, or an opposition to the motion was
3 withdrawn, or the requested discovery was provided to the moving party after the motion
7 submitted herewith attests to the efforts expended on the part of this moving party to avoid
8 this motion. The purpose of discovery sanctions is to prevent abuse of the discovery process
9 and correct the problem presented. Do v. Superior Court, (2003) 109 Cal. App. 4th 1210,
10 1213. It is evident from the facts presented that Defendant will not comply with this
11 authorized method of discovery absent a court order and the imposition of sanctions.
SELARZ LAW CORP.
12 In the present case, Plaintiff has incurred $1,060.00 in costs and attorneys’ fees in
11777 San Vicente Blvd., Suite 702
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Los Angeles, California 90049
13 connection with this motion and enforcing this discovery. (Selarz Decl., ¶7.) Pursuant to
14 CCP §§ 2023.010, 2023.030, and 2033.290, and the power of this court to impose monetary
15 sanctions against the losing party on a motion to compel responses to Requests, Plaintiff
16 submits that given the attempts by Plaintiff to avoid this motion, and the lack compliance by
17 Defendant, sanctions should properly be awarded to Plaintiff, and against Defendant and
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MOTION TO COMPEL FURTHER RESPONES TO REQUESTS FOR ADMISSION
1 Defendant, without either good cause or substantial justification, has violated, and
2 continues to violate, the terms of this Court’s [Date], order. Contrary to Defendant’s
3 position, complying with court orders is not discretionary, nor is complying with the rules of
4 discovery, which was the conduct warranting sanctions in the first place. Defendants are
5 bound by the Court’s order to comply with the law. Such disobedience should not be
6 tolerated, and the Court should issue an order deeming the matters involved in the instant
12 law provides express authority for the court to impose sanctions for violating a lawful court
11777 San Vicente Blvd., Suite 702
T: 310.651.8685 • F: 310.651.8681
Los Angeles, California 90049
13 order, aside and apart from contemnor sanctions. Thus, CCP § 177.5 states:
24 should be compensated the full $1,500.00 for the resources expended to ensure Defendant’s
25 compliance with the Court’s prior order. Sanctions pursuant to CCP § 177.5, are necessary
26 to prevent Defendant from disobeying court orders in the future of this litigation.
27 XI. CONCLUSION
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MOTION TO COMPEL FURTHER RESPONES TO REQUESTS FOR ADMISSION
1 For the foregoing reasons, Plaintiff respectfully requests that the Court enter an order
2 compelling Defendant to provide full and complete further verified responses, without
3 objections, to Plaintiff’s Requests for Admission, Set [#], Nos. [#] propounded on [Date].
5 of $1,060.00 against Defendant and Defense Counsel, jointly, and in favor of Plaintiff for
6 misuse of discovery without substantial justification and for Defendant’s willful violation of
7 the discovery statutes discussed herein in addition to any other sanctions deemed appropriate
8 by the Court.
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11777 San Vicente Blvd., Suite 702
T: 310.651.8685 • F: 310.651.8681
Los Angeles, California 90049
13 By:
Daniel E. Selarz, Esq.
14 Attorneys for Plaintiff(s),
15 [Client’s Name(s)]
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MOTION TO COMPEL FURTHER RESPONES TO REQUESTS FOR ADMISSION
1 SELARZ LAW CORP.
DANIEL E. SELARZ (State Bar No. 287555)
2 [email protected]
11777 San Vicente Blvd., Suite 702
3 Los Angeles, California 90049
Telephone: 310.651.8685
4 Facsimile: 310.651.8681
vs.
12 SEPARATE STATEMENT
11777 San Vicente Blvd., Suite 702
T: 310.651.8685 • F: 310.651.8681
Los Angeles, California 90049
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SEPARATE STATEMNT
1 SEPARATE STATEMENT
2 Plaintiff submits this separate statement in support of the Notice of Motion and
3 Motion to Compel Further Responses, Without Objections, to Requests for Admission, Set
6 General Objections:
11 they may not be objected to as a group. Hogan and Weber, California Civil Discovery (2d.
SELARZ LAW CORP.
12 ed 2009) § 518. Plaintiff requests the Court order Defendant to provide further responses,
11777 San Vicente Blvd., Suite 702
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Los Angeles, California 90049
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SEPARATE STATEMNT
1 Good cause exists for full compliance with this Request because Plaintiff was injured
2 as a result of Defendant colliding into Plaintiff’s vehicle. Accordingly, Plaintiff is entitled
3 to discover information about Defendant’s conduct and operation of his motor vehicle at the
4 time of the incident. Additionally, this Request was drafted by the court thus brining it within
6 B. Invalid Objections
7 The objections made to this Request are too general and are also meritless.
8 Objections must convey with specificity the grounds upon which they are made and must be
12 Defendant’s objections are not well taken. Defendant’s objections that this Request
11777 San Vicente Blvd., Suite 702
T: 310.651.8685 • F: 310.651.8681
Los Angeles, California 90049
16 Laddon v. Superior Court (1950) 167 Cal.App.2d 391; 1880 Corp. v. Superior Court, (1962)
17 57 Cal.App.2d 840. Defendant is being asked basic information which can easily be stated.
18 A party has a duty to answer if “the nature of the information sought is apparent.” Deyo v.
19 Kilbourne (1978) 84 Cal. App. 3d 771. Evasive answers or the posting of objections without
20 a proper basis are also grounds for discovery sanctions. See CCP § 2023.010(f).
21 Additionally, Requests for Admission are drafted, and approved, by the Court thus bringing
23 Defendant has knowledge with which to respond accurately. A proper response to this
24 Request is required. Accordingly, the Court should order Defendant provide a further
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SEPARATE STATEMNT
1 DATED: May 24, 2020 SELARZ LAW CORP.
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3 By:
Daniel E. Selarz, Esq.
4 Attorneys for Plaintiff(s),
5 [Client’s Name(s)]
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SELARZ LAW CORP.
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11777 San Vicente Blvd., Suite 702
T: 310.651.8685 • F: 310.651.8681
Los Angeles, California 90049
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SEPARATE STATEMNT
1 SELARZ LAW CORP.
DANIEL E. SELARZ (State Bar No. 287555)
2 [email protected]
11777 San Vicente Blvd., Suite 702
3 Los Angeles, California 90049
Telephone: 310.651.8685
4 Facsimile: 310.651.8681
vs.
12 DECLARATION OF DANIEL E.
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Los Angeles, California 90049
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DECLARATION OF DANIEL E. SELARZ, ESQ.
1 I, Daniel E. Selarz, Esq., declare as follows:
2 1. I am an attorney duly licensed to practice law before all courts of the State of
3 California. My law firm, Selarz Law Corp., is counsel for Plaintiff in this action. This
5 Objections, to Requests for Admission, Set No. [#] and Request for Order Awarding
6 Monetary Sanctions Against Defendant and Defense Counsel in the Sum Of $1.060.00. The
7 following facts are within my personal knowledge and, if called as a witness herein, I can
9 2. On [Date], our office served Requests for Admission, Set No. [#], on
10 Defendant. A true and correct copy is attached hereto as Exhibit “A”.
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Los Angeles, California 90049
13 general and meritless objections. A true and correct copy is attached hereto as Exhibit “B”.
14 4. On [Date], our office sent a Meet and Confer Letter to Defense Counsel,
15 outlining the deficiencies in Defendant’s responses, unilaterally allowing fifteen additional
16 days to provide further verified substantive responses and offering additional time should it
18 5. It is now May 24, 2020, and Defendants responses to Plaintiff’s Requests for
19 Admission, Set [#], Nos. [#] remain deficient.
22 proceed with depositions, or effectively prosecute this action and prepare for trial.
25 discovery and effectively prepare for trial, I have expended approximately four hours in
26 pursuit of this matter, researching, drafting and editing the instant motion. My hourly wage
27 is $250.00 per hour times four hours. In addition, the filing fee for this motion is $60.00.
28 Therefore, I ask that the Court award sanctions in the amount of $1,060.00.
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DECLARATION OF DANIEL E. SELARZ, ESQ.
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2 I declare under penalty of perjury under the laws of the State of California that the
3 foregoing is true and correct.
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SELARZ LAW CORP.
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11777 San Vicente Blvd., Suite 702
T: 310.651.8685 • F: 310.651.8681
Los Angeles, California 90049
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DECLARATION OF DANIEL E. SELARZ, ESQ.
1 SELARZ LAW CORP.
DANIEL E. SELARZ (State Bar No. 287555)
2 [email protected]
11777 San Vicente Blvd., Suite 702
3 Los Angeles, California 90049
Telephone: 310.651.8685
4 Facsimile: 310.651.8681
vs.
12 [PROPOSED] ORDER COMPELLING
T: 310.651.8685 • F: 310.651.8681
11777 San Vicente Blvd., Suite 702
Los Angeles, California 90049
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[PROPOSED] ORDER
1 The Court, having reviewed the moving and opposing papers on Plaintiff’s Motion
2 to Compel Further Responses, Without Objections, to Requests for Admission, Set No. [#]
3 and Request for Order Awarding Monetary Sanctions Against Defendant and Defense
4 Counsel in the Sum Of $1.060.00; and oral argument of counsel having been received by
5 the Court:
12 3. That said further verified responses, without objections, shall be served on the
11777 San Vicente Blvd., Suite 702
T: 310.651.8685 • F: 310.651.8681
Los Angeles, California 90049
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20 IT IS SO ORDERED.
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23 Date:
The Honorable [Name of Judge]
24 [City] Superior Court
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[PROPOSED] ORDER
1 PROOF OF SERVICE
4 CORP., whose business address is 11777 San Vicente Blvd., Suite 702, Los Angeles, CA, 90049.
On May 24, 2020 I served the foregoing document(s) NOTICE OF MOTION AND
5 MOTION TO COMPEL FURTHER RESPONSES, WITHOUT OBJECTIONS, TO
REQUESTS FOR ADMISSION, SET NO. [#] AND REQUEST FOR ORDER
6 AWARDING MONETARY SANCTIONS AGAINST DEFENDANT AND DEFENSE
COUNSEL IN THE SUM OF $1.060.00; MEMORANDUM OF POINTS AND
7 AUTHORITIES; SEPARATE STATEMENT; DECLARATION OF DANIEL E.
SELARZ, ESQ. AND EXHIBITS; [PROPOSED] ORDER to the following party(ies) in
8 this action addressed as follows:
10 (BY MAIL) I caused a true copy of each document, placed in a sealed envelope with
postage fully paid, to be placed in the United States mail at Los Angeles, California. I
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am “readily familiar” with this firm’s business practice for collection and processing of
SELARZ LAW CORP.
12 mail, that in the ordinary course of business said document(s) would be deposited with
T: 310.651.8685 • F: 310.651.8681
11777 San Vicente Blvd., Suite 702
the U.S. Postal Service on that same day. I understand that the service shall be presumed
Los Angeles, California 90049
13 invalid if the postal cancellation date or postage meter date on the envelope is more than
one day after the date of deposit for mailing contained in this affidavit.
14 (BY PERSONAL SERVICE) I caused to be delivered each such document by hand to each
addressee above.
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(BY CERTIFIED MAIL – CCP §§1020, et seq.) I caused said document(s) to be deposited
16 with the United States Mail, postage prepaid, return receipt requested, signed by
addressee that said documents were received.
17 (BY FACSIMILE) By use of facsimile machine number (310) 651-8681, I served a copy
of the within document(s) on the above interested parties at the facsimile numbers listed
18 above. The transmission was reported as complete and without error. The transmission
report was properly issued by the transmitting facsimile machine.
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(BY ELECTRONIC SERVICE) Based on a court order or an agreement of the parties to
20 accept service by electronic transmission, I caused the documents to be sent to the
persons at their electronic notification addresses. I did not receive, within a reasonable
21 time after the transmission, any electronic message or other indication that the
transmission was unsuccessful.
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23 Executed on May 24, 2020, in Los Angeles, California. I declare under penalty of perjury
under the laws of the State of California that the above is true and correct.
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Daniel E. Selarz
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PROOF OF SERVICE
1 SERVICE LIST
3 [Attorney’s Name]
[Law Firm Name]
4 [Street Address]
[City, State & Zip Code]
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Tel: (xxx) xxx-xxxx / Fax: (xxx) xxx-xxxx
6 Email: [Email Address]
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T: 310.651.8685 • F: 310.651.8681
Los Angeles, California 90049
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PROOF OF SERVICE