Judge: Kerry Bensinger, Case: 21STCV45120, Date: 2023-08-25 Tentative Ruling

Case Number: 21STCV45120    Hearing Date: October 5, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:      October 5, 2023                                            TRIAL DATE:  January 12, 2024

CASE:                                Peniel Perez-Morales v. Mayra's Service Cleaning Inc., et al.

CASE NO.:                 21STCV45120 

MOTION TO COMPEL RESPONSES TO SUPPLEMENTAL DISCOVERY

MOVING PARTY:               Defendants Mayra’s Service Cleaning, Inc., and Josue Eliseo Rodriguez

RESPONDING PARTY:     No opposition

I.          BACKGROUND

            On February 27, 2023, Defendants, Mayra’s Service Cleaning, Inc., and Josue Eliseo Rodriguez, filed this motion to compel Plaintiff, Peniel Perez-Morales, to provide responses to Supplemental Discovery consisting of interrogatories and demands for production of documents.  Defendant does not seek sanctions.

The motion is unopposed.

II.        LEGAL STANDARD TO COMPEL RESPONSES TO SUPPLEMENTAL    DISCOVERY

A party may propound a supplemental interrogatory or supplemental demand for production of documents to elicit any later acquired information bearing on all answers previously made by any party.  (Code of Civ. Proc., §§ 2030.070, subd. (a), 2031.050, subd. (a).)  Where a party fails to serve timely responses to discovery requests, the court may make an order compelling responses as well as impose sanctions.  (Code Civ. Proc., §§ 2030.290, 2031.300; Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.)  Moreover, failure to timely serve responses waives objections to the requests.  (Code Civ. Proc., §§ 2030.290, subd. (a), 2031.300, subd. (a).)   

III.      DISCUSSION

Defendant served Plaintiff with the supplemental discovery requests on June 8, 2023. However, to date, Plaintiff has not provided responses.  (See Braze Decl.)  Therefore, all objections to the supplemental interrogatories and demands for production are waived.  

As Defendant properly served the supplemental discovery requests and Plaintiff failed to serve responses, the Court finds Defendant is entitled to an order directing Plaintiff to provide supplemental responses to all previously propounded interrogatories and demands for production.¿ 

IV.       CONCLUSION 

Accordingly, the motion is granted. 

Plaintiff Peniel Perez-Morales is ordered to provide verified, objection-free responses to Defendant’s supplemental interrogatories and supplemental demands for production within 20 days of this order.  

Moving party to give notice. 

Dated:   October 5, 2023                                                           ___________________________________

                                                                                    Kerry Bensinger

                                                                                    Judge of the Superior Court

            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.