Judge: Katherine Chilton, Case: 22STLC03424, Date: 2023-04-06 Tentative Ruling

Case Number: 22STLC03424    Hearing Date: April 6, 2023    Dept: 25

PROCEEDINGS:      MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES AND REQUEST FOR PRODUCTION

MOVING PARTY:   Defendant Edgar Castro-Cardenas

RESP. PARTY:         None

MOTION TO COMPEL DISCOVERY RESPONSES

(CCP §§ 2030.290, 2031.300)

TENTATIVE RULING:

The Court GRANTS Defendant Edgar Castro-Cardenas’s Motion for Order Compelling Response to Form Interrogatories.

The Court GRANTS Defendant Edgar Castro-Cardenas’s Motion for Order Compelling Response to Request for Production.

Plaintiff Martin Vera is ordered to submit verified responses, without objections, within ten (10) days of notice of this order.

SERVICE: 

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

[X] Correct Address (CCP §§ 1013, 1013a)                                                 OK

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

OPPOSITION:          None filed as of April 3, 2023.              [   ] Late                      [X] None

REPLY:                     None filed as of April 3, 2023.               [   ] Late                      [X] None

ANALYSIS:

I.                Background

On May 19, 2022, Plaintiff Martin Vera (“Plaintiff”) filed an action against Defendant Edgar Castro-Cardenas (“Defendant”) arising out of an alleged motor vehicle accident that took place on November 23, 2019.

On December 8, 2022, Defendant filed an Answer to the Complaint.

On February 23, 2023, Counsel John Arends, Esq. filed a Motion to be Relieved as Counsel as to Plaintiff Martin Vera.

On March 8, 2023, Defendant filed the two instant Motions:

(1)   Motion for Order Compelling Response to Form Interrogatories (“MTC Form”);

(2)   Motion for Order Compelling Response to Request for Production (“MTC RPD”).

No opposition was filed.

II.              Legal Standard & Discussion

A.    Form Interrogatories

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.)

On December 15, 2022, Defendant served Plaintiff with Form Interrogatories.  (MTC Form – Saldana Decl. ¶ 2, Ex. A.)  Defense counsel has attempted to meet and confer with Plaintiff by sending a letter to Plaintiff’s counsel on February 22, 2023.  (Ibid. at ¶ 4, Ex. B.)  Defendant’s counsel indicates no responses have been received.  (Ibid. at ¶ 3.)

Here, Defendant has demonstrated that he has propounded form interrogatories on Plaintiff and Plaintiff has not provided any responses.  Although Defendant was not obligated to meet and confer with Plaintiff, he has attempted to resolve the issue informally.

The Court GRANTS Defendant’s Motion for Order Compelling Plaintiff’s Response to Form Interrogatories.

B.    Requests for Production

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.)

On December 15, 2022, Defendant served Plaintiff with a Request for Production.  (MTC RPD – Saldana Decl. ¶ 2, Ex. A.)  Responses were due by January 18, 2023.  (Ibid.)  Defense counsel has attempted to meet and confer with Plaintiff by sending a letter to Plaintiff’s counsel on February 22, 2023.  (Ibid. at ¶ 4, Ex. B.)  Defendant’s counsel indicates no responses have been received.  (Ibid. at ¶ 3.)

Here, Defendant has demonstrated that he has propounded a request for production on Plaintiff and Plaintiff has not provided any responses.  Although Defendant was not obligated to meet and confer with Plaintiff, he has attempted to resolve the issue informally.

The Court GRANTS Defendant’s Motion for Order Compelling Plaintiff’s Response to Request for Production.

III.            Conclusion & Order

For the foregoing reasons:

The Court GRANTS Defendant Edgar Castro-Cardenas’s Motion for Order Compelling Response to Form Interrogatories.

The Court GRANTS Defendant Edgar Castro-Cardenas’s Motion for Order Compelling Response to Request for Production.

Plaintiff Martin Vera is ordered to submit verified responses, without objections, within ten (10) days of notice of this order.

Moving party is ordered to give notice.