Judge: David B. Gelfound, Case: 23CHCV01274, Date: 2024-10-16 Tentative Ruling

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Case Number: 23CHCV01274    Hearing Date: October 16, 2024    Dept: F49

LOS ANGELES SUPERIOR COURT

NORTH VALLEY DISTRICT

DEPARTMENT F49

MOTION TO COMPEL PLAINTIFF’S RESPONSES TO DEMAND FOR PRODUCTION AND INSPECTION OF DOCUMENTS, SET ONE

Motion filed: 9/11/24

MOVING PARTY: Defendant Gene Tran, D.O.  

RESPONDING PARTY: None

NOTICE: OK.

RELIEF REQUESTED: An order from this Court to compel Plaintiff Trent Western’s responses, without objection, to Demand for Production and Inspection of Documents, Set One.

TENTATIVE RULING: The motion is GRANTED.

BACKGROUND

On May 1, 2023, Plaintiff Trent Western (“Plaintiff” or “Western”) filed the Complaint against Defendants Tony C.T. Lo, D.O. (“Lo”), Gene L. Tran, D.O. (“Tran”), Facey Medical Group, The Kroger Co., Walgreens Boots Alliance, Inc., and Does 1 through 25, alleging a single cause of action for wrongful death due to medical malpractice. Subsequently, on March 27, 2024, Defendants Lo, Tran, and Facey Medical Group filed their Answer to the Complaint. Following this, on October 4, 2024, the Court dismissed Defendants The Kroger Co. and Walgreens Boots Alliance, Inc. at Plaintiff’s request.

On September 11, 2024, Tran filed the instant Motion to Compel Plaintiff’s Responses to the Demand for Production and Inspection of Documents, Set One (the “Motion”).

No Opposition or Reply papers have been received by the Court.

ANALYSIS

“Within 30 days after service of a demand for inspection, copying, testing, or sampling, the party to whom the demand is directed shall serve the original of the response to it on the party making the demand, and a copy of the response on all other parties who have appeared in the action, unless on motion of the party making the demand, the court has shortened the time for response, or unless on motion of the party to whom the demand has been directed, the court has extended the time for response.” (Code Civ. Proc. § 2031.260, subd. (a).)

“If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it, the following rules shall apply: (a) The party to whom the demand for inspection, copying, testing, or sampling is directed waives any objection to the demand, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010). The court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied: (1) The party has subsequently served a response that is in substantial compliance with Sections 2031.210, 2031.220, 2031.230, 2031.240, and 2031.280. (2) The party’s failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect. (Code Civ. Proc. § 2031.300, subd. (a).)

A.    Motion to Compel Responses to Demand for Production and Inspection of Documents, Set One

Defendant Tran’s counsel, Paul S. Cook (“Cook”), attests that on March 27, 2024, Plaintiff was served with the first set of Demand for Production and Inspection of Documents (the “Demand”) by email. (Cook Decl. ¶ 2, Ex. “A.”) The service of the Demand established the deadline for Plaintiff to respond by April 30, 2024. On May 9, Plaintiff’s counsel called defense counsel, and the parties agreed to extend the response deadline to June 10, 2024. (Id. ¶ 4.) Subsequently, on June 14, 2024, Plaintiff’s counsel emailed the defense counsel’s office that the responses would be served next week. (Ibid.) Later, on June 27, 2024, Plaintiff’s counsel apologized for not providing a status update and had a personal health issue and would continue to work with Plaintiff to complete the responses as soon as possible. (Ibid.) However, as of the Motion's filing date, no responses were received from Plaintiff. (Cook Decl. ¶ 6.)

Based on the above records, the Court determines that Plaintiff failed to serve a timely response, thereby waiving any objection to the demand, including those based on privilege or the protection for work product, pursuant to Code of Civil Procedure section 2031.300, subdivision (a).

Nevertheless, under Code of Civil Procedure section 2031.300, subdivision (a), “[t]he court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied: (1) The party has subsequently served a response that is in substantial compliance with Sections 2031.210, 2031.220, 2031.230, 2031.240, and 2031.280. (2) The party’s failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect.”

Here, Plaintiff does not file an Opposition to the Motion. Nor does Plaintiff move separately for relief from the waiver. Additionally, there is no record indicating any responses have been subsequently served by Plaintiff prior to the hearing. Consequently, the Court finds that relief under Code of Civil Procedure section 2031.300, subdivision(a) is unavailable in this circumstance.

Based on the foregoing, the Court GRANTS the Motion.

CONCLUSION

Defendant Gene Tran, D.O.’s Motion to Compel Plaintiff Trent Western’s Responses to Demand for Production and Inspection of Documents, Set One, is GRANTED.

Plaintiff Trent Western is ordered to serve responses, without objection, to Defendant Gene Tran, D.O.’s Demand for Production and Inspection of Documents, Set One, within 20 days.

Moving party to give notice.