Judge: Kerry Bensinger, Case: 22STCV06145, Date: 2023-10-09 Tentative Ruling

Case Number: 22STCV06145    Hearing Date: October 9, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:      October 9, 2023                                            TRIAL DATE:  February 15, 2024

CASE:                                Marvelette Calbert v. International Transportation Service, LLC

CASE NO.:                 22STCV06145

MOTION TO COMPEL RESPONSES TO

REQUEST FOR PRODUCTION OF DOCUMENTS

MOVING PARTY:               Defendant International Transportation Service, LLC

RESPONDING PARTY:     No opposition

I.          BACKGROUND

            On March 1, 2023, Defendant, International Transportation Service, LLC, filed this motion to compel Plaintiff, Marvelette Calbert,^[1] to provide responses to Request for Production of Documents, Set One.  Defendant does not seek sanctions.

The motion is unopposed.

II.        LEGAL STANDARDS TO COMPEL RESPONSES TO DISCOVERY

If a party to whom 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., § 2031.300, subd. (b).)  Failure to timely serve responses waives objections to the requests.  (Code Civ. Proc., § 2031.300, subd. (a).)   

III.      DISCUSSION

Defendant served Plaintiff with the at-issue discovery requests on November 14, 2022 and January 18, 2023.  However, to date, Plaintiff has not provided responses.  (Trucios Decl., ¶ 15.)  Therefore, all objections to the request for production are waived.  

As Defendant properly served the discovery requests and Plaintiff failed to serve responses, the Court finds Defendant is entitled to an order directing Plaintiff to provide responses to Request for Production of Documents, Set One.

Accordingly, the motion is GRANTED.

IV.       CONCLUSION 

The motion is granted. 

Plaintiff Marvelette Calbert is ordered to provide verified, objection-free responses to S Defendant’s Request for Production of Documents, Set One, within 30 days of this order.

Moving party to give notice. 

Dated:   October 9, 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.