Judge: Armen Tamzarian, Case: 23STCV28112, Date: 2024-08-30 Tentative Ruling

Case Number: 23STCV28112    Hearing Date: August 30, 2024    Dept: 52

Tentative Ruling:

            Plaintiff Helen Gezalyan’s Motion to Compel Defendant BMW North American, LLC’s Compliance with Responses to Request for Production

            Plaintiff Helen Gezalyan moves to compel defendant BMW of North America, LLC (“BMW”, erroneously sued as BMW North American, LLC) to respond to requests for production, 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.  (CCP § 2031.300(b).)  Failing to serve a timely response also results in waiving any objections.  (Id., subd. (a).)

BMW failed to serve a timely response to plaintiff’s requests for production.  Plaintiff served requests for production, set one, on BMW on March 20, 2024.  (Simons Decl., ¶ 5, Ex. A.)  On June 6, after BMW’s deadline to respond, plaintiff sent a meet and confer letter to BMW.  (Id., ¶ 6, Ex. B.)  As July 18, when plaintiff filed this motion, BMW had not served any response to the requests for production.  (Id., ¶ 8.)  Plaintiff is therefore entitled to an order compelling responses without objections.

Sanctions

            Plaintiff moves for $1,972.50 in sanctions against BMW and its counsel of record, Clark Hill LLP.  Failing to respond to an authorized method of discovery is a misuse of the discovery process subject to monetary sanctions.  (CCP § 2023.010(d).)  BMW failed to respond to plaintiff’s requests for production.  BMW did not act with substantial justification.  Sanctions are just under the circumstances.  Plaintiff reasonably incurred $1,972.50 in expenses for this motion.

Disposition

            Plaintiff Helen Gezalyan’s motion to compel responses to requests for production is granted.  Defendant BMW of North America, LLC is ordered to serve verified responses without objections to plaintiff’s requests for production, set one, within 30 days.  Defendant shall produce all responsive documents in its possession, custody, or control concurrently with its written responses to the requests for production.

Defendant BMW of North America, LLC and its counsel Clark Hill LLP are ordered to pay plaintiff Helen Gezalyan $1,972.50 in sanctions within 30 days.  Defendant and its counsel are jointly and severally liable for the sanctions.