Judge: Kerry Bensinger, Case: 22STCV15127, Date: 2023-10-05 Tentative Ruling

Case Number: 22STCV15127    Hearing Date: October 5, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:      October 5, 2023                                            TRIAL DATE:  November 3, 2023

CASE:                                Maria Calderon v. John Ray Conley

CASE NO.:                 22STCV15127

MOTIONS TO COMPEL RESPONSES TO DISCOVERY

MOVING PARTY:               Defendant/Cross-Complainant John Ray Conley

RESPONDING PARTY:     No opposition

I.          BACKGROUND

            On March 9, 2023, Defendant/Cross-Complainant, John Ray Conley, filed these motions to compel Plaintiff/Cross-Defendant, Maria Calderon aka Jenessa Rose Aguirre, to provide responses to Form Interrogatories, Set One, Special Interrogatories, Set One, and Demand for Production of Documents, Set One.  Defendant does not seek sanctions.

            Plaintiff is presently self-represented.[1]

The motions are unopposed.

II.        LEGAL STANDARDS TO COMPEL RESPONSES TO DISCOVERY

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).)  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 at-issue discovery requests on December 6, 2022.  Defendant granted Plaintiff an extension to provide responses.  However, to date, Plaintiff has not provided responses.  (See Acker Decls.)  Therefore, all objections to the interrogatories and demands 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 Set One of Defendant’s Form Interrogatories, Special Interrogatories, and Demand for Production of Documents.¿

Accordingly, the motions are GRANTED.

IV.       CONCLUSION 

The motions are granted. 

Plaintiff Maria Calderon aka Jenessa Rose Aguirre is ordered to provide verified, objection-free responses to Set One of Defendant’s Form Interrogatories, Special Interrogatories, and Demand for Production of Documents within 15 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.