Judge: Deborah C. Servino, Case: 30-2022-01268785, Date: 2023-09-01 Tentative Ruling

Defendant Laboratory Corporation of America ("Defendant") moves to compel the following discovery responses from Plaintiffs Carlos Lopez and Jesus Gonzalez: (1) special interrogatories, set one; (2) form interrogatories, set one; and (3) requests for production of documents, set one.  The motions are granted.

Legal Standard

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, a party waives “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, a party 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).”  (Code Civ. Proc., § 2031.300, subd. (a).)

Merits

On February 10, 2023, Defendant served the discovery at issue on Plaintiffs.  (Nacharyan Decls., at ¶ 3, Exhs. A.)  At the time the motions were filed, Plaintiffs failed to serve any responses to the discovery despite being given extensions.  (Nacharyan Decls., at ¶¶ 4-6, Exhs. B.)  No timely oppositions to the motions were filed.  (ROA 55, 57, 59, 61, 63, 65.)  Accordingly, the motions are granted.

Plaintiffs Lopez and Gonzalez are each ordered to serve verified, Code-compliant responses without objections to the first sets of form interrogatories, special interrogatories, and requests for production of documents, within 20 days of the notice of ruling.

Defendant is awarded sanctions against Plaintiffs.  Within 30 days of the notice of ruling, Plaintiff Lopez shall pay a total of $855 to Yoka | Smith, LLP.  Within 30 days of the notice of ruling, Plaintiff Gonzalez shall pay a total of $855 to Yoka | Smith, LLP.

Defendant shall give notice of the rulings.