Judge: James L. Crandall, Case: 21-1229632, Date: 2022-10-20 Tentative Ruling

1.    Motion to Compel Answers to Form Interrogatories

2.    Motion to Compel Answers to Special Interrogatories

3.    Motion to Compel Production

1. Motion to Compel Responses to Demand for Production

Defendants’ motion to compel Plaintiff to serve a response to demand for identification and inspection of documents, set one, is GRANTED.

Code of Civil Procedure section 2031.300 provides in part,

“If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it, the following rules shall apply: (a) The party to whom the demand for inspection, copying, testing, or sampling is directed 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). [¶]. . .[¶] (b) The party making the demand may move for an order compelling response to the demand.”

Here, Defendants served the demand for inspection on 1/10/22. Defendants re-served the demand for inspection after Plaintiff’s counsel corresponded on 3/18/22 stating they had not received the request.

However, as of 6/6/22, Defendants had not received responses despite making a reasonable effort to meet and confer with Plaintiff’s counsel.

Plaintiff is ordered to serve verified responses, without objections, to Defendants’ demand for identification and inspection of documents, set one, within 30 days of service of notice of this ruling.

Defendants’ request for monetary sanctions is granted under Code of Civil Procedure section 2031.300(c). Plaintiff shall pay monetary sanctions of $306 to Defendants within 20 days of service of notice of this ruling.

2. Motion to Compel Responses to Special Interrogatories

Defendants’ motion to compel Plaintiff to serve a response to specially prepared interrogatories, set one, is GRANTED.

Code of Civil Procedure section 2030.290 provides in part,

“If a party to whom interrogatories are directed fails to serve a timely response, the following rules apply:

(a) The party to whom the interrogatories are directed 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 under Chapter 4 (commencing with Section 2018.010). [¶]. . .[¶]

(b) The party propounding the interrogatories may move for an order compelling response to the interrogatories.”

Here, Defendants served the special interrogatories on 1/10/22. Defendants re-served the special interrogatories after Plaintiff’s counsel corresponded on 3/18/22 stating they had not received the request.

However, as of 6/6/22, Defendants had not received responses despite making a reasonable effort to meet and confer with Plaintiff’s counsel.

Plaintiff is ordered to serve verified responses, without objections, to Defendants’ specially prepared interrogatories, set one, within 30 days of service of notice of this ruling.

Defendants’ request for monetary sanctions is granted. under Code of Civil Procedure section 2030.290(c). Plaintiff shall pay monetary sanctions of $306 to Defendants within 20 days of service of notice of this ruling.

3. Motion to Compel Responses to Form Interrogatories

Defendants’ motion to compel Plaintiff to serve a response to form interrogatories, set one, is GRANTED.

Code of Civil Procedure section 2030.290 provides in part,

“If a party to whom interrogatories are directed fails to serve a timely response, the following rules apply:

(a) The party to whom the interrogatories are directed 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 under Chapter 4 (commencing with Section 2018.010). [¶]. . .[¶]

(b) The party propounding the interrogatories may move for an order compelling response to the interrogatories.”

Here, Defendants served the form interrogatories on 1/10/22. Defendants re-served the form interrogatories after Plaintiff’s counsel corresponded on 3/18/22 stating they had not received the request.

However, as of 6/6/22, Defendants had not received responses despite making a reasonable effort to meet and confer with Plaintiff’s counsel.

Plaintiff is ordered to serve verified responses, without objections, to Defendants’ form interrogatories, set one, within 30 days of service of notice of this ruling.

Defendants’ request for monetary sanctions is granted under Code of Civil Procedure section 2030.290(c). Plaintiff shall pay monetary sanctions of $306 to Defendants within 20 days of service of notice of this ruling.

Moving Party is to give notice.

Future hearing dates

6/16/23 – MSC

7/17/23 – Jury Trial