Judge: Curtis A. Kin, Case: 20STCV29664, Date: 2022-08-09 Tentative Ruling

Case Number: 20STCV29664    Hearing Date: August 9, 2022    Dept: 72

MOTIONS TO COMPEL RESPONSES TO (1) SPECIAL INTERROGATORIES, SET THREE AND (2) REQUESTS FOR PRODUCTION, SET TWO

Date:               8/9/22 (8:30 AM)

Case:               Carl H. Westcott v. Bernie Gudvi (20STCV29664)

TENTATIVE RULING:

Defendant Bernie Gudvi’s UNOPPOSED Motion to Compel Responses to Special Interrogatories, Set Three and Requests for Production of Documents, Set Two is GRANTED, but subject to payment of additional filing fees, as set forth below.

As a preliminary matter, defendant did not file a separate motion and pay a separate filing fee for each of the two discovery sets that this motion concerns. The filing fee required by Government Code § 70617(a)(4) concerning discovery motions applies “separately to each motion or other paper filed,” “[r]egardless of whether each motion or matter is heard at a single hearing or at separate hearings.” (Gov. Code § 70617(f).) Because defendant seeks responses to two different discovery sets, defendant was required to pay two separate filing fees of $60, or $120 in total. Defendant paid only one filing fee of $60, which means $60 remains due.

On April 1, 2022, defendant Bernie Gudvi served Special Interrogatories, Set Three and Requests for Production of Documents, Set Two on plaintiff Carl H. Westcott by email. (Kelly Decl. ¶ 2 & Exs. A, B.) The deadline to serve responses to the discovery was May 10, 2022. (Kelly Decl. ¶ 5 & Ex. C; CCP §§ 2030.270(a), 2031.270(a) [parties may agree to extension of time to respond to discovery].) Despite meeting and conferring, no responses have been served. (Kelly Decl. ¶¶ 6, 7 & Ex. D.) Accordingly, all objections are waived. (CCP §§ 2030.290(a); 2031.300(a).)

The motion is GRANTED. Within fifteen (15) days of this ruling, plaintiff Carl H. Westcott is ordered to serve written verified responses, without objection, to Special Interrogatories, Set Three and Requests for Production of Documents, Set Two propounded by defendant Bernie Gudvi and produce documents that are responsive to Requests for Production of Documents, Set Two.

Within five (5) court days, defendant Bernie Gudvi is ordered to pay an additional $60 to cover the one additional discovery set that this motion concerns. If defendant does not pay these fees within the stated deadline, the order compelling responses shall apply only to Special Interrogatories, Set Three.

The request for sanctions is DENIED because the notice of motion did not specify against whom sanctions should be imposed (i.e., plaintiff, counsel for plaintiff, or both). (See CCP § 2023.040 [“A request for a sanction shall, in the notice of motion, identify every person, party, and attorney against whom the sanction is sought, and specify the type of sanction sought”].)