Judge: Christopher K. Lui, Case: 21STCV38016, Date: 2024-01-10 Tentative Ruling

Case Number: 21STCV38016    Hearing Date: January 10, 2024    Dept: 76

The hearing on Plaintiffs Fatima Garcia, Jean Carlos Garcia and Carlos Garcia’s motion is CONTINUED to March 13, 2024 at 8:30 a.m., to be heard concurrently with Defendant’s motion for relief from waiver—interrogatories.

Motion To Compel Responses To Form Interrogatories

When a party to whom interrogatories are directed fails to respond, under CCP § 2030.290(b) a party propounding the interrogatories may move for an order compelling a response. A party who fails to provide a timely response waives any objection, including one based on privilege or work product. (CCP § 2030.290(a).) For a motion to compel initial responses, no meet and confer is required. All that needs to be shown is that a set of interrogatories was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served. (Leach v. Sup. Ct. (1980) 111 Cal.App.3d 902, 905-06.)

Here, Plaintiff indicates in the motion that Defendant did not provide any response or objections to form interrogatories by the deadline. However, Plaintiff’s counsel did not file a declaration in support of this motion stating under penalty of perjury that this is true.

As such, the hearing on the motion is CONTINUED to March 13, 2024 at 8:30 a.m., to be heard concurrently with Defendant’s motion for relief from waiver—interrogatories.