Judge: John C. Gastelum, Case: 22-01256425, Date: 2023-05-17 Tentative Ruling

(1) Motion to Compel Production

Tentative Ruling:  Plaintiffs John and Linda Wilkie move to compel Defendant Jason Webb to provide responses to Requests for Production, Set One.  Plaintiffs also request $2,655 in attorney fees.  Defendant Jason Webb did not oppose the Motion.

Pursuant to Code of Civil Procedure section 2031.300, a party who fails to serve timely responses to requests for production waives any objection to the requests.  (Code Civ. Proc., § 2031.300, subd. (a).)  The party propounding the requests for production may move for an order compelling responses to the discovery.  (Code Civ. Proc., § 2031.300, subd. (b).) 

“Unlike a motion to compel further responses, a motion to compel responses is not subject to a 45–day time limit, and the propounding party does not have to demonstrate either good cause or that it satisfied a ‘meet and confer’ requirement.”  (Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 404.)

Monetary sanctions are mandatory against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel responses to requests for production, unless the court finds the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.  (Code Civ. Proc., § 2031.300, subd. (c).) 

On July 14, 2022, Plaintiffs served Requests for Production, Set One on Defendant Jason Webb.  (ROA 49, Declaration of Justine Escano, ¶ 5.)  Defense counsel requested numerous extensions to respond to the discovery and Plaintiffs agreed to each extension with a final due date of October 19, 2022.  (ROA 49, Declaration of Justine Escano, ¶ 9.)  As of the filing of this Motion, Defendant has not provided responses to the requests for production at issue.

Accordingly, the unopposed Motion to Compel Defendant Jason Webb’s Responses to Requests for Production, Set One is GRANTED.  Defendant shall serve verified responses without objections within 30 days of the notice of ruling.

The request for sanctions is GRANTED in the amount of $1,770, which is due to Plaintiffs within 30 days of the notice of ruling.

Plaintiffs to give notice.