Judge: Anne Hwang, Case: 24STCV00262, Date: 2024-10-18 Tentative Ruling

Case Number: 24STCV00262    Hearing Date: October 18, 2024    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely.  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

BACKGROUND

Defendant Phoebe Kwan (“Kwan”) moves for an order compelling Plaintiff to respond to set one of Defendant Kwan’s discovery requests and for monetary sanctions of $1,170.00. Alternatively, Defendant Kwan requests evidentiary sanctions. No opposition to the motion has been filed.

LEGAL STANDARD

Within 30 days after service of interrogatories, the party to whom the interrogatories are propounded shall serve the original of the response to them on the propounding party, unless on motion of the propounding party the court has shortened the time for response, or unless on motion of the responding party the court has extended the time for response.” (Code Civ. Proc., § 2030.260, subd. (a).) If the party to whom interrogatories are directed fails to serve a timely response, “[t]he party to whom the interrogatories are directed waives any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product.” (Code Civ. Proc., § 2030.290, subd. (a).) “The party propounding interrogatories may move for an order compelling response to the interrogatories.” (Code Civ. Proc., § 2030.290, subd. (b).) 

Any party may obtain discovery . . . by inspecting, copying, testing, or sampling documents, tangible things, land or other property, and electronically stored information in the possession, custody, or control of any other party to the action.” (Code Civ. Proc., § 2031.010, subd. (a).) Where a party fails to timely respond to demand for inspection, copying, testing or sampling “[t]he party to whom the demand for inspection, copying, testing, or sampling is directed waives any objection to the demand, including one based on privilege or on the protection for work product.” (Code Civ. Proc., § 2031.300, subd. (a).) Code Civ. Proc. § 2031.300(b) provides that “[t]he party making the demand may move for an order compelling response to the demand.”

“A notice of motion must state in the opening paragraph the nature of the order being sought and the grounds for the issuance of the order.” (Cal. R. Ct., rule 3.1110(a).) “[D]ue process requires a party to be fully advised of the issues to be addressed and be given adequate notice of what facts it must rebut in order to prevail.” (Fenn v. Sherriff (2003) 109 Cal.App.4th 1466, 1481.)

DISCUSSION

            Defendant Kwan filed the instant motion on September 23, 2024, arguing that Plaintiff failed to respond to set one of her form interrogatories and request for production of documents. Defendant Kwan’s counsel indicates that Plaintiff failed to respond to set one of Defendant Kwan’s form interrogatories and request for production of documents. (Ciarametaro Decl., ¶¶ 4, 5; Ex. A.)

            The caption of Defendant Kwan’s notice of motion indicates that she seeks to compel Plaintiff’s responses to discovery. (Not. of Mot. at p. 1:11-16.) However, the notice of motion itself argues that Defendant is moving “for an order establishing the truth of each matter specified in her Form Interrogatories – Set One and the Request for Production of Documents – Set One served on plaintiff Mac Caprini on April 18, 2024.” (Not. of Mot. at p. 2:1-2.) Further, the notice of motion indicates that it is “made on the grounds [that] the requests for admission at issue are relevant to the subject matter of this action and do not relate to privileged matters, and plaintiff Mac Caprini has failed to serve verified responses to the subject requests for admission.” (Not. of Mot. at p. 2:5-7.) Additionally, the notice of motion is silent on the evidentiary sanctions that Defendant Kwan seeks to be imposed against Plaintiff.

The Court finds that the notice of motion is defective as Defendant Kwan does not state that she is seeking to compel Plaintiff’s responses to discovery in the first paragraph therein. Rather, Defendant Kwan indicates that she seeks to establish the truth of matters specified in her form interrogatories and request for production of documents. Defendant cites to no statutory provision that permits such relief. (Compare Code Civ. Proc., § 2033.280, subd. (b).) Moreover, the motion is brought pursuant to CCP §§ 2023.010, 2033.010, 2033.240, and 2030.280 (Not. of Mot. at p. 2:4-5), none of which involve compelling responses to interrogatories or to a request for production of documents.

Finally, the Court notes that Defendant appears to have combined several discovery motions into one motion. Each discovery motion pertaining to each discovery request must be filed separately.

CONCLUSION

Therefore, the Motion to Compel Plaintiff Mac Caprini to Respond to Defendant Phoebe Kwan’s Discovery Requests, Set One, and for Monetary Sanctions and/or Evidentiary Sanctions is DENIED.

Defendant shall provide notice of the Court’s ruling and file a proof of service of such.