Judge: Armen Tamzarian, Case: 23STCV07695, Date: 2024-12-03 Tentative Ruling

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Case Number: 23STCV07695    Hearing Date: December 3, 2024    Dept: 52

Plaintiffs’ Motion to Compel Responses from EOS Organization, LLC to Requests for Production of Documents

Plaintiffs Westside Lighting, Inc. and Manochehr Nazarian move to compel defendant EOS Organization, LLC (EOS) to respond to requests for production of documents, set one.  When the responding party fails to serve a timely response to requests for production, the requesting party may move for an order compelling a response.  (Code Civ. Proc., § 2031.300, subd. (b).)  Failing to serve a timely response also results in waiving any objections.  (Id., subd. (a).)

EOS failed to serve failed to serve a timely response to plaintiff’s requests for production.  Plaintiffs served requests for production, set one, on EOS on August 16, 2024.  (McGuiness Decl., ¶ 8, Ex. 3.)  As of October 11, 2024, when plaintiffs made this motion, EOS had not served a response.  (Id., ¶ 8.)  Plaintiffs are therefore entitled to an order compelling responses without objections.

Sanctions

            Plaintiffs move for $2,120 in sanctions against EOS.  Failing to respond to an authorized method of discovery is a misuse of the discovery process subject to monetary sanctions.  (Code Civ. Proc., § 2023.010, subd. (d).)  EOS failed to respond to plaintiffs’ requests for production.  EOS did not act with substantial justification.  Sanctions are just under the circumstances.  Plaintiffs reasonably incurred $2,120 in expenses for this motion.

  Disposition

Plaintiffs Westside Lighting, Inc. and Manochehr Nazarian’s motion to compel responses to requests for production is granted.  Defendant EOS Organization, LLC is ordered to serve verified responses without objections to plaintiffs’ requests for production, set one, within 20 days.  Defendant EOS Organization, LLC shall produce all responsive documents in its possession, custody, or control concurrently with its written responses to the requests for production.

Defendant EOS Organization, LLC is ordered to pay plaintiffs Westside Lighting, Inc. and Manochehr Nazarian $2,120 in sanctions within 20 days.