Judge: Jill Feeney, Case: BC712162, Date: 2023-02-21 Tentative Ruling
Case Number: BC712162 Hearing Date: February 21, 2023 Dept: 30
Department 30, Spring Street Courthouse
February 21, 2023
BC712162
-Motion to Compel Defendant Slim Beauty Center’s Further Responses to Plaintiff’s Form Interrogatories (Set One) and Request for Monetary Sanctions
-Motion to Compel Defendant Slim Beauty Center’s Further Responses to Plaintiff’s Special Interrogatories (Set One) and Request for Monetary Sanctions
DECISION
Pursuant to Code of Civil Procedure Sections 2030.300(c), notice of the above listed motions must be given within 45 days after the service of the response that is at issue.
Pursuant to Code of Civil Procedure Section 1010, a notice of motion must state the papers, if any, upon which it is to based. Moreover, if such paper was not previously served on the party to be notified and was not filed, a copy of such paper must accompany the notice.
Here, Plaintiff filed two notices of a motion to compel further on September 26, 2022. The notices did not include any supporting papers. The supporting papers were not filed until January 23, 2023 and were not served until January 18, 2023.
The discovery responses at issue here were served on August 12, 2022. Defendant’s 45 deadline was September 28, 2022.
The 45 day jurisdictional deadline passed.
Both motions are therefore denied.
