Judge: Deborah C. Servino, Case: 30-2021-01227418, Date: 2022-07-22 Tentative Ruling

Plaintiff Balboa Capital Corporation’s motions to compel responses from Defendants Peter Agho and Agho Medical P.C. to the first sets of form interrogatories, special interrogatories, and requests for production of documents is granted.  Plaintiff’s motions to deem admitted the first sets of requests for admissions, are moot except for sanctions.

Belatedly Filed Declaration

On July 18, 2022, Defendants belatedly filed a declaration in opposition to the motions.  They assert that on that same day, they served by email full, complete, and verified responses to the discovery requests at issue.  However, they did not attach the responses to the declaration.  (Onwaeze Decl., at ¶ 3.)  The court will consider the declaration, recognizing that it was filed and served late and that it is of limited usefulness to Defendants, having not attached the responses. 

Form Interrogatories, Special Interrogatories, and Requests for Production of Documents

A propounding party may move for an order compelling responses to interrogatories at any time “[i]f a party to whom interrogatories are directed fails to serve a timely response.” (Code Civ. Proc., § 2030.290, subd. (b).) By failing to serve timely responses, the party to whom the interrogatories were directed waived “any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product.” (Code Civ. Proc., § 2030.290, subd. (a).)

A propounding party may move for an order compelling responses to a demand for inspection at any time “[i]f a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response.” (Code Civ. Proc., § 2031.300, subd. (b).) By failing to serve timely responses, the party to whom the demand was directed waived “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).” (Code Civ. Proc., § 2031.300, subd. (a).)

On January 10, 2022, the discovery requests at issue were properly served.  By the time the motions were filed, Defendants still had not served responses.  Defendants assert that full, complete, and verified responses were served on July 18, 2022.  (Onwaeze Decl., at ¶ 3.)  However, the responses were not attached to the declaration to corroborate this assertion. Within 20 days of the notice of ruling, Defendants shall provide verified, Code-compliant responses to the first set of form interrogatories, special interrogatories, and requests for production of documents, without objections, to the extent they have not yet been served.  

Requests for Admissions

Plaintiff’s motions to deem admitted the first set of requests for admissions served upon Defendants is moot except for sanctions.  Responses were served prior to the hearing. (Cal. Rules of Court, rule 3.1348(a); Onwaeze Decl., at ¶ 3; see Code Civ. Proc., § 2033.280, subd. (c); St. Mary v. Superior Court (2014) 223 Cal.App.4th 762, 776 [service of substantially compliant responses prior to the hearing on the “deemed admitted” motion will defeat a propounding party’s attempt to have the requests deemed admitted].)

Sanctions for Motions

Plaintiff is awarded sanctions against each Defendant.  Within 30 days, Peter Agho is ordered to pay a total of $1,125 to Balboa Capital Corporation.  Within 30 days, Agho Medical P.C. is ordered to pay a total of $1,125 to Balboa Capital Corporation. 

Plaintiff shall give notice of the rulings.