Judge: John C. Gastelum, Case: 2022-01270692, Date: 2023-07-18 Tentative Ruling

1) Motion to Compel Further Responses to Form Irogs (2) Motion to Compel Further Responses to Special Irogs (3) Motion to Compel Response to RFAs

Tentative Ruling:  (1-3) Defendant Cloud 9 Distributors, LLC (“Defendant”) moves to compel Plaintiff Gokay Gecu (“Plaintiff”) to serve further responses to Form Interrogatories, Set One; Special Interrogatories, Set One; and Requests for Admissions, Set One.  Defendant also seeks monetary sanctions against Plaintiff.

As an initial matter, the Court notes that Plaintiff’s Opposition was untimely filed and served.  Defendant has filed a timely Reply on the merits and did not raise any objection as to the filing and service of the Opposition.  Thus, the Court finds that any objection has been waived and will exercise its discretion to consider the Opposition.

The discovery was served on November 18, 2022 by email.  (Declaration of J. John Oh, ¶ 2.)  Defendant contends Plaintiff’s responses were due on December 20.  However, Plaintiff had 30 days from November 18, 2022 (to December 19, as December 18 is a Sunday), plus two court days for service by email, in which to serve responses, making them due December 21.  (Code Civ. Proc., §§ 2033.250(a), 2030.260(a), 1010.6(a)(3)(B), 12a.)  Thus, Plaintiff’s contention that the responses were timely served, and objections were not waived, is correct.  Further, the Court notes Plaintiff served supplemental responses to the disputed discovery on May 9, 2023.

A meet and confer letter was sent on January 25, 2023 and Plaintiff was given until January 31, 2023 to provide verified amended responses.  (Oh Decl., ¶¶ 5-6.)  No response was received.  No attempts to further contact Plaintiff, such as through a phone call, were made and there was no inquiry into the lack of a response.  Further, Defendant gave Plaintiff an extremely short time-frame—only four business days—within which to provide further responses.  This is insufficient to show a reasonable and good faith attempt to informally resolve the issues presented, as required by the Code of Civil Procedure. 

Because the responses were timely served, Defendant failed to properly meet and confer, and supplemental responses have been served, the Court DENIES the Motions in their entirety.  No sanctions.

Defendant to give notice.