Judge Katherine Chilton, Case 20STLC01524 2022-09-19 Tentative Ruling

Judge: Katherine Chilton, Case: 20STLC01524, Date: 2022-09-19 Tentative Ruling

Case Number: 20STLC01524 Hearing Date: September 19, 2022 Dept: 25

PROCEEDINGS: MOTIONS TO COMPEL VERIFIED RESPONSES TO FORM AND SPECIAL INTERROGATORIES, SET ONE, AND DEMAND FOR PRODUCTION OF DOCUMENTS, SET ONE

MOVING PARTY: Defendant Uziel Eduardo Jimenezsolis

RESP. PARTY: None

MOTION TO COMPEL DISCOVERY RESPONSES

(CCP §§ 2030.290, 2031.300)

TENTATIVE RULING:

Defendant Uziel Eduardo Jimenezsolis’s Motion to Compel Plaintiff Juan Manuel Duarte’s Verified Responses to Form Interrogatories (Set One) is CONTINUED to OCTOBER 31, 2022 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Defendant must file and serve supplemental papers addressing the errors discussed herein. Failure to do so may result in the Motion being placed off calendar or denied.

Defendant Uziel Eduardo Jimenezsolis’s Motion to Compel Plaintiff Juan Manuel Duarte’s Verified Responses to Special Interrogatories (Set One) is CONTINUED to OCTOBER 31, 2022 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Defendant must file and serve supplemental papers addressing the errors discussed herein. Failure to do so may result in the Motion being placed off calendar or denied.

Defendant Uziel Eduardo Jimenezsolis’s Motion to Compel Plaintiff Juan Manuel Duarte’s Verified Responses to Demand for Production of Documents (Set One) is CONTINUED to OCTOBER 31, 2022 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Defendant must file and serve supplemental papers addressing the errors discussed herein. Failure to do so may result in the Motion being placed off calendar or denied.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) NOT OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of September 14, 2022. [ ] Late [X] None

REPLY: None filed as of September 14, 2022. [ ] Late [X] None

ANALYSIS:

I. Background

On February 14, 2020, Plaintiff Juan Manuel Duarte (“Plaintiff”) filed an action against Defendant Uziel Eduardo Jimenezsolis (“Defendant”) for motor vehicle negligence. The action arose out of an alleged automobile accident that took place on or around February 14, 2018, between Plaintiff, on the one hand, and Defendant, on the other hand.

On January 11, 2022, Defendant filed an Answer, denying all allegations in the Complaint.

On March 24, 2022, the Court granted Plaintiff’s Counsel, Ara Aroustamian’s, Motion to be Relieved as Counsel. (3-24-22 Minute Order.)

On August 23, 2022, Defendant filed the instant Motions:

(1) Motion to Compel Verified Responses to Form Interrogatories (Set One);

(2) Motion to Compel Verified Responses to Special Interrogatories (Set One);

(3) Motion to Compel Verified Responses to Demand for Production of Documents (Set One).

No opposition has been filed.

II. Legal Standard

A party must respond to interrogatories within 30 days after service. (Code Civ. Proc., § 2030.260(a).) If a party to whom interrogatories are directed does not provide timely responses, the requesting party may move for an order compelling response to the discovery. (Code Civ. Proc. § 2030.290(b).) Once compelled to respond, the party waives the right to make any objections, including ones based on privilege or work-product protection. (Code Civ. Proc. § 2030.290(a).) There is no time limit for a motion to compel responses to interrogatories other than the cut-off on hearing discovery motions 15 days before trial. (Code Civ. Proc., §§ 2024.020(a), 2030.290.) No meet and confer efforts are required before filing a motion to compel responses to the discovery. (See Code Civ. Proc. § 2030.290; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 411.)

A party must respond to requests for production of documents within 30 days after service. (Code Civ. Proc. § 2031.260(a).) If a party to whom requests for production of documents is directed does not provide timely responses, the requesting party may move for an order compelling response to the discovery. (Code Civ. Proc. § 2031.300(c).) The party also waives the right to make any objections, including ones based on privilege or work-product protection. (Code Civ. Proc. § 2031.300(a).) There is no time limit for a motion to compel responses to production of documents other than the cut-off on hearing discovery motions 15 days before trial. (Code Civ. Proc. §§ 2024.020(a), 2031.300.) No meet and confer efforts are required before filing a motion to compel responses to the discovery. (Code Civ. Proc., § 2031.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 411.)

III. Discussion

As a preliminary matter, the Court notes that Plaintiff was not properly served with the Motions. The address listed on the Proof of Service for each Motion contains the wrong apartment number. On March 14 and March 25, 2022, Counsel Ara Aroustamian served documents on Plaintiff Juan Manuel Duarte at 3103 W. 15^th Street, Apt. #7, Los Angeles, CA 90019-4579. (3-14-22 Proof of Service; 3-25-22 Notice of Order.) However, the Proof of Service for each Motion filed by Defendant indicates that Defendant served Plaintiff at 3103 W. 15^th Street, Apt. 17, Los Angeles, CA 90019-4579.

Moreover, the discovery itself was served at the incorrect address which may impact whether the Motions can be granted.

Especially given that no opposition was filed, the Court hereby continues the hearing on the Motions to allow Defendant an opportunity to serve Plaintiff with the Notice of Motion, Motion, and other relevant documents and file a corrected Proof of Service, as well as determining whether the discovery needs to be re-served.

IV. Conclusion & Order

For the foregoing reasons:

Moving party is ordered to give notice.