Judge: Daniel S. Murphy, Case: 23STCV22028, Date: 2024-08-19 Tentative Ruling

Case Number: 23STCV22028    Hearing Date: August 19, 2024    Dept: 32

BACKGROUND

            On September 13, 2023, Plaintiff Victor Velasquez Tapia filed this employment discrimination action against Defendant Slauson Super Mall Inc.

            On July 16, 2024, Plaintiff filed the instant two motions to compel responses to its form interrogatories and requests for production. Defendant has not filed an opposition.

LEGAL STANDARD

Discovery responses are due 30 days after service of the requests, unless the parties stipulate or the court orders otherwise. (Code Civ. Proc., §§ 2030.260(a), 2031.260(a), 2033.250(a).) If a responding party fails to respond in time, the propounding party may move for an order compelling the responses or deeming matters admitted. (Id., §§ 2030.290(b), 2031.300(b), 2033.280(b).) The responding party also waives its objections. (Id., §§ 2030.290(a), 2031.300(a), 2033.280(a).) 

DISCUSSION

            Plaintiff propounded the subject discovery on February 1, 2024, with a due date of March 4, 2024. (Rinka Decl. ¶ 3.) Plaintiff granted Defendant’s request for an extension to April 3, 2024. (Id., ¶ 4.) Plaintiff granted a second extension to April 18, 2024. (Id., ¶ 5.) On May 27, 2024, Defendant requested a one-week extension, which Plaintiff granted. (Id., ¶ 7.) To date, Defendant has not produced any responses. (Id., ¶ 8.)

            Defendant does not oppose the motion nor dispute any of the above facts. Thus, an order compelling responses is warranted. Although Plaintiff’s counsel submitted a declaration regarding the time and hourly rate spent on the motion, Plaintiff did not request sanctions in his notice of motion nor make any argument about sanctions in his points and authorities. Therefore, the Court does not award any sanctions.

CONCLUSION

            Plaintiff’s motions to compel responses are GRANTED. Defendant shall provide responses to the subject discovery within 10 days of this order. Objections are waived except as to privacy and privilege.