Judge: Kimberly Knill, Case: 30-2021-01209301-CU-PO-CJC, Date: 2023-08-18 Tentative Ruling

Plaintiff’s Motion to Compel Defendant Providence Health & Services’ Further Responses to Requests for Admissions, Set One

The motion of plaintiffs Zoe Cooksey and Christine Meyer to compel further responses to first set of requests for admissions is DENIED.

Defendant, Providence Health & Services served verified responses on 12/5/2022.  Notice of the instant motion was required within 45 days, or no later than 1/23/2023.  (Code Civ. Proc., § 2033.290, subd. (c).)  On 1/30/2023, plaintiffs’ counsel requested an extension.  Although the parties agreed on an extension to 2/6/2023, the agreement is null and void because it was made past the deadline. (See Sexton v. Superior Court (1997) 58 Cal.App.4th 403, 1409-1410 [party who fails to meet time limits waves right to compel further response].)

Defendant to give notice.