Judge: Holly J. Fujie, Case: BC46925, Date: 2024-01-05 Tentative Ruling

Case Number: BC46925    Hearing Date: January 5, 2024    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

AND RELATED CROSS-ACTION

MOVING PARTY: Cross-Complainants Michael Schwab and Big Sky Venture Capital III, LLC (collectively, “Moving Cross-Complainants”)

The Court has considered the moving papers.  No opposition papers were filed.  Any opposition papers were required to have been filed and served at least five court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b).

BACKGROUND

This action arises out of a business relationship.  On May 4, 2023, a judgment (the “Judgment”) was entered in Moving Cross-Complainants’ favor against Plaintiff/Cross-Defendant Nicholas Behunin (“Behunin”). 

On November 17, 2023, Moving Cross-Complainants filed a motion to compel responses to the post-judgment Requests for Production and Interrogatories that they served on Behunin (the “Motion”). 

DISCUSSION

            A judgment creditor may propound written interrogatories and requests for documents to the judgment debtor, which are enforceable in the same manner as interrogatories in a civil action.  (See CCP § 708.020, subds. (a), (c); CCP § 708.030, subds. (a), (c).)

            Under CCP section 2030.290, subdivision (b), when a party directs interrogatories towards a party and that party fails to serve a timely response, the party propounding the interrogatories may move for an order compelling response to the interrogatories.  (CCP § 2030.290, subd. (b).)  The moving party need only show that the interrogatories were served on the opposing party, the time has expired to respond to the interrogatories and no responses have been served in order for the court to compel the opposing party to respond.  (Leach v. Superior Court (1980) 111 Cal.App.3d 902, 906.) 

Where there has been no timely response to a demand for inspection, copying, testing or sampling, the demanding party may seek an order compelling a response.  (CCP § 2031.300, subd. (b).)  Failure to timely respond waives all objections, including privilege and work product.  (CCP § 2031.300, subd. (a).)  

            The discovery requests at issue were served on July 10, 2023.  (Declaration of Nancy Chung (“Chung Decl.”) ¶¶ 2-3, Exhibits A-D.)  As of the filing of the Motion, Behunin had not provided any responses.  (Chung Decl. ¶ 4.)

As it is unopposed, the Court GRANTS the Motion.  (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.)  Behunin is ordered to provide responses to the discovery requests detailed in the Motion within 20 days of the date of this order.

Moving party is ordered to give notice.        

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.

          Dated this 5th day of January 2024