Judge: Christopher K. Lui, Case: 24STCV04236, Date: 2025-05-12 Tentative Ruling

Case Number: 24STCV04236    Hearing Date: May 12, 2025    Dept: 76

The following tentative ruling is issued pursuant to Rule of Court 3.1308 at 2:55 PM on May 9, 2025. 

Notice of intent to appear is REQUIRED pursuant to California Rule of Court 3.1308(a)(1).  The Court does not desire oral argument on the motion addressed herein. 

As required by Rule 3.1308(a)(1), any party seeking oral argument must notify ALL OTHER PARTIES and the staff of Department 76 by 4:00 p.m. on May 9, 2025.

Notice to Department 76 should be sent by email to smcdept76@lacourt.org, with opposing parties copied on the email.  The high volume of telephone calls to Department 76 may delay the Court’s receipt of notice, so telephonic notice to 213-830-0776 should be reserved for situations where parties are unable to give notice by email.

Per Rule of Court 3.1308, the Court may not entertain oral argument if notice of intention to appear is not given.

            This is an individual wage and hour action.

            Plaintiff Juan Iniguez moves to compel responses to form interrogatories and requests for production of documents from Defendant CTM Trucking, Inc. and Defendant Anthony R. Marin, and requests the imposition of sanctions.

TENTATIVE RULING

Plaintiff Juan Iniguez’s motions to compel responses to responses to form interrogatories—employment law, set one from Defendant CTM Trucking, Inc. and from Defendant Anthony R. Marin, and responses to form interrogatories—general, set one from Defendant Anthony R. Marin are GRANTED.

Defendants are ordered to provide verified responses, without objection, within 30 days.

Plaintiff’s requests for sanctions against Defendant CTM Trucking only and Defendant Anthony R. Martin only are GRANTED in the reduced amount of $450 per motion, i.e., $450 against Defendant CTM Trucking and $900 against Defendant Anthony R. Martin. Sanctions are to be paid to Plaintiff’s counsel within 30 days.

Plaintiff’s motion to compel responses to requests for production of documents, set one from Anthony R. Marin is GRANTED. Defendant Anthony R. Marin is ordered to provide verified responses, without objection, within 30 days.

Plaintiff’s request for sanctions against Defendant Anthony R. Marin only is GRANTED in the reduced amount of $450. Sanctions are to be paid to Plaintiff’s counsel within 30 days.

ANALYSIS

Motions To Compel Responses To Form Interrogatories

            Plaintiff Juan Iniguez moves to compel responses to form interrogatories—employment law, set one from Defendant CTM Trucking, Inc. and from Defendant Anthony R. Marin, and responses to form interrogatories—general, set one from Defendant Anthony R. Marin.

When a party to whom interrogatories are directed fails to respond, under Civ. Proc. Code § 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. (Civ. Proc. Code, § 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.)

As of the date of the filing of the motions, Plaintiff had not received any responses to form interrogatories from Defendants. (See Declarations of Rick Martin, ¶ 6.)  As such, Plaintiff is entitled to an order compelling responses.

The motions to compel responses to responses to form interrogatories—employment law, set one from Defendant CTM Trucking, Inc. and from Defendant Anthony R. Marin, and responses to form interrogatories—general, set one from Defendant Anthony R. Marin are GRANTED.

. Defendants are ordered to provide verified responses, without objection, within 30 days.

Plaintiff’s requests for sanctions against Defendant CTM Trucking only and Defendant Anthony R. Martin only are GRANTED in the reduced amount of $450 (1 hour at $450/hour—Martin Decl., ¶ 12) per motion, i.e., $450 against Defendant CTM Trucking and $900 against Defendant Anthony R. Martin. Sanctions are to be paid to Plaintiff’s counsel within 30 days.

Motion To Compel Responses To Requests For Production of Documents

            Plaintiff Juan Iniguez moves to compel responses to requests for production of documents from Defendant Anthony R. Marin and requests the imposition of sanctions.

When a party to whom an inspection demand is directed fails to respond, under Civ. Proc. Code, § 2031.300(b) a party making the demand may move for an order compelling a response to the inspection demand. A party who fails to provide a timely response waives any objection, including one based on privilege or work product. (Civ. Proc. Code, § 2031.300(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 requests for production was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served.  (See, e.g., Leach v. Sup. Ct. (1980) 111 Cal.App.3d 902, 905-06.)

As of the date of the filing of the motions, Plaintiff had not received any responses to form interrogatories from Defendant. (See Declaration of Rick Martin, ¶ 6.)  As such, Plaintiff is entitled to an order compelling responses.

The motion to compel responses to requests for production of documents, set one is GRANTED. Defendant Anthony R. Marin is ordered to provide verified responses, without objection, within 30 days.

Plaintiff’s request for sanctions against Defendant Anthony R. Marin only is GRANTED in the reduced amount of $450 (1 hour at $450/hour—Martin Decl., ¶ 12). Sanctions are to be paid to Plaintiff’s counsel within 30 days.