Judge: Colin Leis, Case: 20STCV16593, Date: 2023-02-07 Tentative Ruling

Case Number: 20STCV16593    Hearing Date: February 7, 2023    Dept: 74

Superior Court of California

County of Los Angeles – CENTRAL District

Department 74

MOVING PARTY:                Defendant Rampart 36, LLC

RESPONDING PARTIES:    None

Defendant Rampart 36, LLC’s Motion to Compel Plaintiff Martin Quiroz Galvez to Provide Verified Responses to Form Interrogatories (Set One)

The court considered the moving papers filed in connection with this motion.

BACKGROUND

On April 30, 2020, Plaintiffs Gladys Del Socorro Amador and 82 other plaintiffs commenced this breach of habitability action against Defendants 511 Rampart, LLC and Rampart 36, LLC.

On May 25, 2021, the court granted the motion by Plaintiff Martin Quiroz Galvez’s counsel to be relieved, resulting in Galvez becoming a self-represented litigant.

Rampart 36 (hereinafter “Defendant”) moves for an order compelling Galvez to provide verified responses to Form Interrogatories (Set One). The motion is unopposed.

LEGAL STANDARD

¿¿            If a party to whom interrogatories were directed fails to serve a timely response, the propounding party may move for an order to compel responses without objections. (Code Civ. Proc., §§ 2030.290, subd. (b).) Failure to timely serve responses waives objections to the requests. (Code Civ. Proc., § 2030.290, subd. (a).)

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DISCUSSION

Defendant has failed to show proper service of Form Interrogatories (Set One). In May 2021, Galvez began representing himself when the court relieved Galvez’s counsel. The court’s order noted Galvez’s last known address was “511 S. Rampart Boulevard, Apt. 7, . . .” (Emphasis added.)  The declaration of Defendant’s counsel, Jennifer Volcy, states Defendant served Form Interrogatories (Set One) upon Galvez on March 10, 2022. (Volcy Decl. ¶ 2, Ex. A.) The proof of service attached to Defendant’s Form Interrogatories (Set One) states service was to Galvez at “511 S. Rampart Boulevard, Apt 3. . .” (Emphasis added.) (Volcy Decl., Ex. D.) Although Defendant used the correct apartment number to serve the motion to compel on Galvez, Galvez’s time to respond to the interrogatories begins when the requests are properly served. (Code Civ. Proc. § 2030.260, subd. (a).) Absent evidence of proper service, Defendant has not demonstrated Galvez failed to timely respond. Accordingly, the court denies the motion to compel.

CONCLUSION

The motion is denied.

Defendant is ordered to give notice of this ruling.

IT IS SO ORDERED.

DATED:  February 7, 2023

_____________________________

Colin Leis

Judge of the Superior Court