Judge: Gregory Keosian, Case: 21STCV42024, Date: 2023-01-19 Tentative Ruling

Case Number: 21STCV42024    Hearing Date: January 19, 2023    Dept: 61

Defendants Los Angeles County Metropolitan Transit Authority and Walsh Shea Corridor Constructors’ Motion to Compel Inspection of Plaintiff Dana Pharr’s Property is GRANTED.

Defendants to give notice.

I.                   MOTIONS TO COMPEL

A propounding party may demand a responding party to produce documents or to inspect properties 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 Los Angeles County Metropolitan Transit Authority and Walsh Shea Corridor Constructors (Defendants) served a notice of inspection of Plaintiff Dana Pharr’s (Plaintiff) property on September 16, 2022. (Elechyan Decl. ¶ 4.) Defendants contend that Plaintiff did not permit the inspection to take place as noticed, based on the representation that Plaintiff intended to dismiss her action. (Elechyan Decl. ¶¶ 3–6.)

Defendants have shown entitlement to an order compelling inspection of the property. Plaintiff’s complaint is one for damage to the property in question, and good cause supports the inspection request. Plaintiff has filed no opposition to this motion.

The motion is therefore GRANTED.