Judge: Craig Griffin, Case: Espino-Fore v. Roshan, Date: 2023-05-22 Tentative Ruling

The “Motion for Order Compelling Plaintiff, Jhoanna Reyes Espino-Fore to (1) Respond To Demand for Production, Set No. One; and (2) Pay Costs And Sanctions In The Amount of $760,” filed by Defendant Mary Roshan (“Defendant”) on 2/27/23, is GRANTED.

The Motion demonstrates that Requests for Production, Set One, were propounded to Plaintiff on 11/9/22. (Galang Decl. ¶ 2, Ex. A.) No responses were provided. (Id. at ¶ 4.)  A letter followed on 12/21/22, asking for the missing responses, but Defendant received no reply, and responses were never provided. (Id. at ¶¶ 3, 4, and Ex. B.)  If responses are not timely provided to Requests for Production, all objections thereto are waived, and responses may be compelled. (C.C.P. § 2031.300(a), (b).)  As the Motion thus appears well-taken, and is unopposed, it is GRANTED on the merits. Plaintiff Jhoanna Reyes Espino-Fore (“Plaintiff”) is ordered to provide complete responses to Defendant’s Requests for Production, Set One, without objection, within 15 days. 

Sanctions are warranted here under C.C.P. §§ 2023.010(d) and 2030.290(c).  However, as no reply was required and the motion is unopposed, sanctions in the reduced sum of $497.50 are awarded on this Motion. Those sanctions are imposed against Plaintiff alone, and are to be paid to Defendant through her counsel of record, within 20 days after service of notice of this ruling.

Counsel for Defendant is to give notice.