Judge: Gregory Keosian, Case: 21STCV40762, Date: 2023-10-31 Tentative Ruling

Case Number: 21STCV40762    Hearing Date: November 13, 2023    Dept: 61

Defendant Hector Saavedra-Soto’s Motion to Compel Responses to Form Interrogatories from Plaintiff Jaylene Rea is DENIED as moot.

Plaintiff to give notice.

I.                   MOTION TO COMPEL

A propounding party may demand a responding party to produce documents that are in their possession, custody or control. (Code Civ. Proc., § 2031.010.) A party may likewise conduct discovery by propounding interrogatories to another party to be answered under oath. (Code Civ. Proc. § 2030.010, subd. (a).) The responding party must respond to the production demand either by complying, by representing that the party lacks the ability to comply, or by objecting to the demand. (Code Civ. Proc., § 2031.210.) The responding party must respond to the interrogatories by answering or objecting. (Code Civ. Proc. § 2030.210, subd. (a).) If the responding party fails to serve timely responses, the propounding party may move for an order compelling responses to the production demand and interrogatories. (Code Civ. Proc., §§ 2030.290, 2031.300.)

A party who fails to serve a timely response to interrogatories or a demand for inspection waives any objection to the demand. (Code Civ. Proc., §§ 2030.290, 2031.300.)

Defendant Hector Saavedra-Soto (Defendant) seeks to compel responses to form interrogatories upon Plaintiff Jaylene Rea (Plaintiff) in November 2022, with due-dates in December 2022. (Blanke Decl. ¶¶ 4–5.) No responses have been served, despite several notices to Plaintiff. (Blanke Decl. ¶¶ 5–7; Exhs. D–I.)

Plaintiff in response contends that responses were served on October 31, 2023. (Casillas Decl. ¶¶ 2–3.)

As responses have been served, the motion is moot, and therefore DENIED.

Dated: November 13, 2023