Judge: Kerry Bensinger, Case: 22STCV12138, Date: 2023-02-03 Tentative Ruling

Case Number: 22STCV12138    Hearing Date: February 3, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

RAYMOND GABRIEL AYCOCK, et al.,

                   Plaintiff(s),

          vs.

 

JESSICA RODRIGUEZ,

 

                   Defendant.

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CASE NO.: 22STCV12138

 

[TENTATIVE] ORDER RE: DEFENDANT’S MOTIONS FOR ORDERS COMPELLING PLAINTIFF’S RESPONSES TO DISCOVERY, AND REQUEST FOR MONETARY SANCTIONS

 

Dept. 27

1:30 p.m.

February 3, 2023

 

          On April 11, 2022, Plaintiffs Raymond Gabriel Aycock (“Aycock”) and Maria Magdalena Garcia (“Garcia”) filed this action against Defendant Jessica Rodriguez (“Defendant”) for injuries arising from a motor vehicle accident.  On May 17, 2022, Defendant served Form Interrogatories (Set One) and Requests for Production of Documents (Set One) (collectively the “Discovery”) on Aycock (hereinafter referred to as “Plaintiff”).  Having received no responses, Defendant proceeded to file these motions compelling Plaintiff to provide responses.  

          Compel Responses

Where a party fails to serve timely responses to discovery requests, the court may make an order compelling responses.  (Code Civ. Proc., §§ 2030.290, 2031.300; Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.)   A party that fails to serve timely responses waives any objections to the request, including ones based on privilege or the protection of attorney work product.  (Code Civ. Proc., §§ 2030.290, subd. (a), 2031.300, subd. (a).)  Unlike a motion to compel further responses, a motion to compel responses is not subject to a 45-day time limit and the propounding party has no meet and confer obligations.  (Sinaiko Healthcare Consulting, Inc., supra, 148 Cal.App.4th at p. 404.)

To date, Plaintiff has failed to provide responses to the Discovery.  Plaintiff has failed to comply with his discovery obligation.

.Thus, Defendant’s Motion to Compel Plaintiff’s Responses to the Discovery is GRANTED[

Moving party to give notice.

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.

    Dated this 3rd day of February 2023 

 

 

 

Hon. Kerry Bensinger

Judge of the Superior Court