Judge: Jill Feeney, Case: BC712162, Date: 2023-02-22 Tentative Ruling
Case Number: BC712162 Hearing Date: February 22, 2023 Dept: 30
Department 30, Spring Street Courthouse
February 22, 2023
BC712162
Motion to Compel Defendant Slim Beauty Center’s Further Responses to Plaintiff’s Request for Production (Set One) and Request for Monetary Sanctions
DECISION
Pursuant to Code of Civil Procedure Sections 2031.300(c), notice of the above listed motion 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 a notice of a motion to compel further on September 26, 2022. The notice 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 response at issue here was served on August 12, 2022. Defendant’s 45 deadline was September 28, 2022.
The 45 day jurisdictional deadline passed.
The motion is therefore denied.
The parties are ordered to appear at the hearing.
