Judge: Curtis A. Kin, Case: 21STCV05219, Date: 2023-04-11 Tentative Ruling

Case Number: 21STCV05219    Hearing Date: April 11, 2023    Dept: 72

MOTIONS TO COMPEL RESPONSES TO:

(1) SPECIAL INTERROGATORIES, SET THREE; AND (2) REQUESTS FOR PRODUCTION OF DOCUMENTS, SET THREE

Date:               4/11/23 (8:30 AM)

Case:               Gema Cisneros v. M7 Holdings, LLC et al. (21STCV05219)

TENTATIVE RULING:

Defendant M7 Holdings, LLC’s Motions to Compel Responses to (1) Special Interrogatories, Set Three and (2) Requests for Production of Documents, Set Three are GRANTED.

On January 9, 2023, defendant M7 Holdings, LLC served Special Interrogatories, Set Three and Requests for Production of Documents, Set Three on plaintiff Gema Cisneros by email. (Tokar Decls. ¶¶ 3 & Exs. A.) The deadline to serve responses to the discovery was February 10, 2023. (CCP §§ 2030.260(a), 2031.260(a) [responses to be served 30 days after service]; 1010.6(a)(3)(B) [two court days added for email].) Despite meeting and conferring, no responses have been served. (Tokar Decl. ¶¶ 5-8 & Exs. B, C.) Accordingly, all objections are waived. (CCP §§ 2030.290(a); 2031.300(a).)

During defendant’s attempts to meet and confer, plaintiff asserted that the discovery cutoff had already passed. (Tokar Decl. ¶ 8 & Ex. C.) However, on February 3, 2023, in granting defendants’ ex parte application to continue the trial, the Court extended all trial-related dates to coincide with the new trial date. (2/3/23 Minute Order.) Because the trial date was continued to July 24, 2023, the deadline to complete discovery proceedings is June 26, 2023, and the deadline to have discovery motions heard is July 10, 2023. (CCP §§ 2024.020(a) [discovery closes 30 days before date initially set for trial, last day to hear discovery motions is 15 days before date initially scheduled for trial], 2024.050(a) [allowing court to reopen discovery after setting new trial date], 12a [deadlines falling on Saturday moved to next court day].) Accordingly, the discovery cutoff has not passed.

Plaintiff also argued that there are no new facts, evidence, or witnesses to assert in discovery responses. (Tokar Decl. ¶ 8 & Ex. C.) However, because defendant served interrogatories and document requests on plaintiff, plaintiff was obligated to serve responses and/or objections. (CCP §§ 2030.210(a), 2031.210(a).) As stated above, due to the failure to timely respond, plaintiff waived any objections to the interrogatories and document requests.

Plaintiff also argued that affirmative consent to electronic service was required. That is correct only in the case of self-represented parties. (CCP § 1010.6(c)(3)(ii); Rule of Court 2.251(c)(3)(B).) For represented parties, like plaintiff, such parties must accept electronic service because electronic service is mandatory in Los Angeles Superior Court. (CCP § 1010.6(b)(1-2).) Accordingly, even though the subject discovery was electronically served, plaintiff had the obligation to respond. To the extent plaintiff asserts that electronic service of the instant motions was ineffective, such argument is also unavailing.

For the foregoing reasons, the motions are GRANTED. Within 15 days of this ruling, plaintiff Gema Cisneros is ordered to serve written verified responses, without objection, to Special Interrogatories, Set Three and Requests for Production of Documents, Set Three propounded by defendant M7 Holdings, LLC and produce documents that are responsive to Requests for Production of Documents, Set Three.

For failing to comply with discovery obligations and thereby forcing defendant to file these two motions, the Court imposes a total of $995 in monetary sanctions on counsel of record for plaintiff. The monetary sanctions are based on 2 hours to prepare both motions (instead of the 1.5 hours claimed for each motion) and 0.5 hours to attend the hearing for both motions (instead of the 1.5 hours to prepare the reply and attend the hearing for each motion), all at an hourly rate of $350, plus a $60 filing fee for each motion.

Monetary sanctions shall be paid to counsel for defendant M7 Holdings, LLC within 30 days hereof.