Judge: Deborah C. Servino, Case: 30-2021-01232588, Date: 2022-10-14 Tentative Ruling

Defendants/Cross-Complainants Tri Nguyen and Amy Tram Le’s unopposed motions to compel responses from Plaintiffs Khoi Le and San Pham to requests for production of documents (set one) and form interrogatories (set one), is granted.

The Court declines to consider the two belatedly-filed declarations filed by Plaintiffs’ on October 13, 2022, one day before the hearing on the motions. 

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).)

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).)

On February 23, 2022, Defendants served by mail on Plaintiffs requests for production of documents and form interrogatories, sets one.  (Benneville Decls., Exhs. 1.)  On April 21, 2022, Plaintiffs’ counsel noted that none of the boxes were checked on the form interrogatories.  The next day, defense counsel instructed Plaintiffs’ counsel to “simply answer #1.1 and 17.1.”  (Benneville Decls., Exhs. 7.) Ultimately, Plaintiffs were given until June 6, 2022 to respond.  (Benneville Decls., Exh. 11.)  At the time the motion was filed, Plaintiffs had not provided any responses to the form interrogatories or the requests for production of documents.  (Benneville Decls., at ¶¶ 7-8.) 

Within 20 days of the notice of ruling, Plaintiffs shall provide verified, Code-compliant responses, without objections to the request for production of documents and form interrogatories, sets one. 

Defendants are awarded sanctions against Plaintiffs.  Within 30 days, Le shall pay a total of $688 to Lan Quoc Nguyen & Associates.  Within 30 days, Pham shall pay a total of $688 to Lan Quoc Nguyen & Associates. 

Defendants shall give notice of the ruling.