Judge Kerry Bensinger, Case Number: 21STCV32827, Date: 2023-05-25 Tentative Ruling

MOVING PARTY: Defendants Boston Properties, LLC, and Boston Properties, Inc.

On September 3, 2021, Plaintiff, Arcelia Salcido Castaneda, filed this action against Defendants, Boston Properties, Boston Properties, Inc. (collectively, “Boston Properties”) and Fujitec America, Inc., for injuries arising from a September 11, 2019, incident inside an elevator.

On June 27, 2022, Boston Properties served Plaintiff with Form Interrogatories, Special Interrogatories, Request for Production of Documents, and Request for Admissions. Having received no responses, Boston Properties proceeded to file these motions[1] compelling Plaintiff to provide responses and to have the request for admissions deemed admitted. Boston Properties does not request monetary sanctions.

If a party to whom interrogatories and inspection demands were directed fails to serve a timely response, the propounding party may move for an order to compel responses without objections. (Code Civ. Proc., §§ 2030.290, subd. (b), 2031.300, subd. (b).) If a party to whom requests for admission are directed fails to serve a timely response, the propounding party may move for an order that the truth of the matters specified in the requests be deemed admitted (Code Civ. Proc., § 2033.280, subd. (b).)¿ Moreover, failure to timely serve responses waives objections to the requests. (Code Civ. Proc., §§ 2033.280, subd. (a), 2030.290, subd. (a), 2031.300, subd. (a).)

Boston Properties served the at-issue discovery requests on Plaintiff, June 27, 2022. Responses were due July 29, 2022. However, to date, Plaintiff has not responded to Boston Properties’ written discovery requests. (See Kim Decls.) Therefore, all objections to the interrogatories and request for production are waived.¿

As Boston Properties properly served the discovery requests and Plaintiff failed to serve responses, the Court finds Boston Properties is entitled to an order directing Plaintiff to provide responses to the Form Interrogatories, Special Interrogatories, and Request for Production of Documents.¿ In addition, Boston Properties is entitled to an order deeming admitted Request for Admissions against Plaintiff.

Plaintiff Arcelia Salcido Castaneda is ordered to provide verified, objection free responses to Set One of Defendants Boston Properties’ and Boston Properties, Inc.’s Form Interrogatories, Special Interrogatories, and Request for Production of Documents, and to produce all documents in her possession, custody, or control which are responsive to the Request for Production of Documents within 30 days of the date of notice of this order.¿ Requests for Admission, Set One, are deemed admitted against Plaintiff.

Defendants are ordered to pay another filing fee for their motion to compel responses to form and special interrogatories and to file proof of payment within 30 days of this order.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter. Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue. If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.

[1] The Court notes that Plaintiff’s motion to compel responses to form and special interrogatories is procedurally improper. Plaintiff should have filed a separate motion for each at-issue set of discovery.