Judge: Deirdre Hill, Case: 22TRCV01495, Date: 2023-01-24 Tentative Ruling

Case Number: 22TRCV01495    Hearing Date: January 24, 2023    Dept: M

Hearing Date:                         January 24, 2023

Moving Parties:                      Plaintiff and judgment creditor Business GPS LLC

Responding Party:                  None

Motion to Compel Production of Documents

            The court considered the moving papers.

RULING

            The motion is GRANTED.

            Judgment debtor Milagros J. Macaraig D.D.S. Inc. dba All Smiles Dental is ordered to respond to plaintiff and judgment creditor Business GPS LLC’s Request for Production of Documents without objections and to produce responsive documents within 20 days.

            The court orders that judgment debtor Milagros J. Macaraig D.D.S. Inc. dba All Smiles Dental pay sanctions in the amount of $610 to plaintiff and judgment creditor Business GPS LLC within 30 days.

BACKGROUND

On November 16, 2020, plaintiff and judgment creditor Business GPS LLC filed an application for entry of judgment on sister-state judgment against Milagros J. Macaraig D.D.S. Inc. dba All Smiles Dental Care and Milagros Macaraig.  Judgment was entered.

On December 20, 2021, a writ of execution was issued.

LEGAL AUTHORITY

Under CCP §708.030(a), the judgment creditor may demand that any judgment debtor produce and permit the party making the demand, or someone acting on that party's behalf, to inspect and to copy a document that is in the possession, custody, or control of the party on whom the demand is made in the manner provided in Chapter 14 (commencing with Section 2031.010) of Title 4 of Part 4, if the demand requests information to aid in enforcement of the money judgment.  The judgment debtor shall respond and comply with the demand in the manner and within the time provided by Chapter 14 (commencing with Section 2031.010) of Title 4 of Part 4. Under (c), inspection demands served pursuant to this section may be enforced to the extent practicable, in the same manner as inspection demands in a civil action.

Where there has been no timely response to a CCP §2031.010 demand, the demanding party must seek an order compelling a response.  CCP §2031.300.  Failure to timely respond waives all objections, including privilege and work product.  Thus, unless the party to whom the demand was directed obtains relief from waiver, he or she cannot raise objections to the documents demanded.  There is no deadline for a motion to compel responses.  Likewise, for failure to respond, the moving party need not attempt to resolve the matter outside court before filing the motion.  Where the motion seeks only a response to the inspection demand, no showing of “good cause” is required.  Weil & Brown, Civil Procedure Before Trial, 8:1487.

DISCUSSION

            Plaintiff and judgment creditor Business GPS LLC requests that the court order judgment debtor Milagros J. Macaraig D.D.S. Inc. dba All Smiles Dental Care to respond to Request for Production of Documents pursuant to CCP §708.030.

            Plaintiff served the discovery requests on September 12, 2022.  Responses were due October 17, 2022.  No responses were received.  Plaintiff argues that good cause exists for the production of documents as they are part of its efforts as a judgment creditor to obtain lawful information to pursue judgment collection.

            The court finds that plaintiff has properly served the discovery requests, judgment debtor did not respond, and, although not required to show, plaintiff has shown good cause for the documents.  See Assly Sayyar, Esq. decl.

            The motion is GRANTED.

            Plaintiff requests sanctions in the amount of $715 against judgment debtor.  The court finds that $610 ($275/hr. x 2 hrs., filing fee) is a reasonable amount to be imposed against judgment debtor.

            Plaintiff is ordered to give notice of ruling.