Judge: Armen Tamzarian, Case: 22STCV14586, Date: 2023-02-06 Tentative Ruling

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Case Number: 22STCV14586    Hearing Date: February 6, 2023    Dept: 52

Plaintiff Munish Batra’s Motion to Compel Responses to Requests for Production of Documents to Defendant Anthony Bruce Eldridge

Plaintiff Munish Batra moves to compel defendant Anthony Bruce Eldridge to respond to requests for production of documents and for monetary sanctions.

Order Compelling Responses

When a party fails to timely respond to requests for production, the requesting party may move for an order compelling responses.  (CCP § 2031.300(b).)  Failing to timely respond waives any objections.  (CCP § 2031.300(a).) 

Plaintiff served requests for production of documents, set one on Eldridge on September 13, 2022.  (Altieri Decl., ¶ 4, Ex. 1.)  Eldridge did not respond by the deadline and “has not provided any responses to date.”  (Altieri Decl., ¶ 5.)  Plaintiff is therefore entitled to an order compelling Eldridge to serve responses to requests for production, set one.

Sanctions

Plaintiff moves for $1,600 in sanctions against Eldridge for failing to respond to authorized discovery under Code of Civil Procedure section 2023.010(d).  That section is one of the Discovery Act’s “definitional statutes” which, “standing alone or read together, do not authorize the court to impose sanctions in a particular case.”  (City of Los Angeles v. PricewaterhouseCoopers, LLC (2022) 84 Cal.App.5th 466, 498.)  Instead, sanctions require an independent authorizing statute, such as those governing each discovery method.  (Ibid.) 

For a motion to compel responses to requests for production, the Discovery Act authorizes sanctions against someone “who unsuccessfully makes or opposes” such a motion or someone who disobeys “an order compelling a response.”  (CCP § 2031.300(c).)  Those circumstances do not apply.  Eldridge did not oppose the motion.  He has not disobeyed an order compelling responses.  The court cannot impose monetary sanctions against him.  The court denies plaintiff’s request for sanctions.

Disposition

            Plaintiff’s motion is granted.  Defendant Anthony Bruce Eldridge is hereby ordered to serve verified responses without objections to requests for production of documents, set one, within 30 days.