Jennifer Lowe v. Trams Spirits, Inc., et al.

Case Number: 25CHCV04136 (1) PLAINTIFF'S MOTION TO DEEM REQUESTS FOR ADMISSION, SET ONE, ADMITTED (2) PLAINTIFF'S MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES - GENERAL, SET ONE (3) PLAINTIFF'S MOTION TO COMPEL RESPONSES TO SPECIAL INTERROGATORIES, SET ONE

(4) PLAINTIFF'S MOTION TO COMPEL RESPONSES TO REQUESTS FOR PRODUCTION, SET ONE Motions filed on July 23, 2026. MOVING PARTY: Plaintiff Jennifer Lowe. RESPONDING PARTY: Defendant Derrell Spann. NOTICE: OK. RELIEF REQUESTED: Order deeming admitted Plaintiff's Requests for Admission, Set One, orders compelling verified responses, without objections, to Form Interrogatories - General, Set One, Special Interrogatories, Set One, and Requests for Production, Set One, and monetary sanctions totaling $12,180.00. RULING: Granted. Sanctions granted in a reduced aggregate amount of $840.00.

BACKGROUND

On November 20, 2025, Plaintiff Jennifer Lowe filed the Complaint against Defendants Trams Spirits, Inc., Derrell Spann, and Does 1 through 25.

On December 26, 2025, Defendant Derrell Spann filed an Answer.

On May 8, 2026, Plaintiff served Defendant Spann with Form Interrogatories - General, Set One (FROG), Special Interrogatories, Set One (SPROG), Requests for Admission, Set One (RFA), and Requests for Production, Set One (RPD), by mail.

Responses were due June 12, 2026. Defendant did not request an extension, and no order extended the response deadline. Defendant did not serve responses. (Melamed Decl. [FROG] [SPROG] [RFA] [RPD] P.P. 4-6, Ex. A.)

Plaintiff filed the four instant motions on July 23, 2026.

On August 20, 2026, the Court continued the two motions then set for August 24, 2026 to August 26, 2026. No timely opposition was filed as to any motion.

DISCUSSION

Requests for Admission, Set One

If a party to whom requests for admission are directed fails to serve a timely response, that party waives any objection to the requests, including one based on privilege or the protection for work product. (Code Civ. Proc., Sec. 2033.280, subd. (a).)

The requesting party may move for an order that the truth of the matters specified in the requests be deemed admitted, as well as for a monetary sanction. (Id., subd. (b).)

The court shall make this order unless, before the hearing, the responding party has served a proposed response in substantial compliance with Code of Civil Procedure section 2033.220. (Id., subd. (c).)

Here, Plaintiff shows she served Requests for Admission, Set One, on Defendant and that no responses were served by the June 12, 2026 deadline. (Melamed Decl. [RFA] P.P. 4-6, Ex. A.)

As no opposition was filed, there is no showing that proposed responses in substantial compliance were served before the hearing.

Accordingly, Plaintiff's motion to deem admitted the matters in Requests for Admission, Set One, is GRANTED.

Form Interrogatories - General, Set One and Special Interrogatories, Set One

If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling response. (Code Civ. Proc., Sec. 2030.290, subd. (b).)

The responding party waives any right to object, including objections based on privilege or work product. (Id., subd. (a).)

Here, Plaintiff shows she served Form Interrogatories - General, Set One, and Special Interrogatories, Set One, on Defendant and that no responses were served by the June 12, 2026 deadline. (Melamed Decl. [FROG] [SPROG] P.P. 4-6, Ex. A.)

Plaintiff is therefore entitled to an order compelling verified responses, without objections.

Accordingly, Plaintiff's motions to compel responses to Form Interrogatories - General, Set One, and Special Interrogatories, Set One, are GRANTED.

Defendant Derrell Spann is ordered to serve verified responses to Plaintiff's Form Interrogatories - General, Set One, and Special Interrogatories, Set One, without objections, within 20 days.

Requests for Production, Set One

If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response, the propounding party may move for an order compelling responses. (Code Civ. Proc., Sec. 2031.300, subd. (b).)

The failure to timely respond waives all objections, including privilege and work product. (Code Civ. Proc., Sec. 2031.300, subd. (a).)

Here, Plaintiff shows she served Requests for Production, Set One, on Defendant and that no responses were served by the June 12, 2026 deadline. (Melamed Decl. [RPD] P.P. 4-6, Ex. A.)

Plaintiff is therefore entitled to an order compelling verified responses, without objections.

Accordingly, Plaintiff's motion to compel responses to Requests for Production, Set One, is GRANTED.

Defendant Derrell Spann is ordered to serve verified responses to Plaintiff's Requests for Production, Set One, without objections, and produce responsive documents in accordance with those responses, within 20 days.

Sanctions

Monetary sanctions may be awarded where a party's failure to serve timely responses necessitates motions to compel responses to interrogatories or inspection demands, and sanctions are mandatory where a failure to timely respond to requests for admission necessitates a motion to deem the matters admitted. (Code Civ. Proc., Sec.Sec. 2030.290, subd. (c), 2031.300, subd. (c), 2033.280, subd. (c); Cal. Rules of Court, rule 3.1348(a).)

Here, Defendant failed to respond to four sets of discovery, necessitating these four motions. (Melamed Decl. [FROG] [SPROG] [RFA] [RPD] P.P. 4-6.)

Defendant did not file an opposition providing any justification for the failure to respond.

Sanctions are mandatory as to the RFA motion and warranted as to the remaining motions.

Plaintiff requests $3,420.00 on the FROG motion. (Melamed Decl. [FROG] P.P. 7-9.)

Plaintiff requests $2,940.00 on the SPROG motion. (Melamed Decl. [SPROG] P.P. 7-9.)

Plaintiff requests $3,000.00 on the RFA motion. (Melamed Decl. [RFA] P.P. 7-9.)

Plaintiff requests $2,820.00 on the RPD motion. (Melamed Decl. [RPD] P.P. 7-9.)

The aggregate request is $12,180.00.

Each request is based on an hourly rate of $600.00 and includes time spent preparing the motion, as well as anticipated time to review an opposition, prepare a reply, and prepare for and attend the hearing.

The Court finds the hourly rate reasonable.

However, because the four motions are routine compel discovery motions, substantially similar, and unopposed, the requested time is excessive.

No reply work was required.

The Court awards 1.0 hour for preparation of all four motions at $600.00 per hour, plus four $60.00 filing fees, for a total sanction award of $840.00.

Accordingly, Plaintiff's request for sanctions against Defendant Derrell Spann is GRANTED in the aggregate reduced amount of $840.00.

Sanctions are payable within 30 days.

CONCLUSION

Plaintiff's Motion to Deem Requests for Admission, Set One, Admitted is GRANTED.

Plaintiff's Motion to Compel Responses to Form Interrogatories - General, Set One, is GRANTED. Defendant Derrell Spann is ordered to serve verified responses, without objections, within 20 days.

Plaintiff's Motion to Compel Responses to Special Interrogatories, Set One, is GRANTED. Defendant Derrell Spann is ordered to serve verified responses, without objections, within 20 days.

Plaintiff's Motion to Compel Responses to Requests for Production, Set One, is GRANTED. Defendant Derrell Spann is ordered to serve verified responses, without objections, and produce responsive documents in accordance with those responses, within 20 days.

Plaintiff's request for monetary sanctions is GRANTED in the reduced aggregate amount of $840.00 against Defendant Derrell Spann. Sanctions are payable within 30 days.

Case Number: 25CHCV04417 Hearing Date: August 26, 2026 Dept: F46 Dept. F-46 Hearing Date: August 26, 2026