Judge: Layne H. Melzer, Case: 2022-01262153, Date: 2022-07-21 Tentative Ruling

(1) MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES

(2) MOTION TO COMPEL RESPONSES TO SPECIAL INTERROGATORIES

(3) MOTION TO COMPEL PRODUCTION

Petitioner Wawanesa General Insurance Company’s unopposed motions to compel Claimant Hannah Ngan Tran’s responses to its form interrogatories, special interrogatories and requests for production of documents are granted.

Claimant is ordered to serve verified responses without objection to Petitioner’s discovery requests within 20 days of the notice of the ruling. 

Petitioner propounded written discovery including form interrogatories, special interrogatories, and requests for production of documents on Claimant on 11/15/21.  Petitioner’s counsel sent correspondent to Claimant’s counsel on 12/17/21 regarding the lack of responses, but none have been forthcoming.  (Sullivan Decl., ¶¶ 2-5.)

Claimant has not opposed these motions.

Because Petitioner demonstrated that the discovery requests were served on Claimant, the deadline has passed, and no responses were served or have been served as of the date of the hearing, orders compelling responses and production are appropriate. (See Code Civ. Proc., §§ 2030.290, 2031.300.)    

The Court imposes monetary sanctions against Claimant and her counsel in the amount of $1,186.20 ($395.40 per motion) payable to Defendant and its counsel within 30 days of the notice of ruling. (See Code Civ. Proc., §§ 2030.290(c), 2031.310(h), and 2023.010.) 

(4) MOTION TO COMPEL DEPOSITION

Petitioner Wawanesa General Insurance Company’s unopposed motion to compel Claimant Hannah Ngan Tran’s deposition is denied.

Code Civ. Proc. § 2025.450(a), states that “[i]f, after service of a deposition notice, a party to the action … without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice.” (Emphasis added.)

Petitioner initially noticed Claimant's deposition for December 20, 2021. After it did not receive the written discovery responses, Petitioner’s counsel set a letter dated December 17, 2021 to Claimant’s counsel advising that the deposition would be taken off calendar and requesting available dates from Claimant's counsel so that the deposition could be reset.  Counsel did not respond. (Sullivan Decl., ¶¶ 2-5.)

The record does not show that a new notice was ever served for Claimant’s deposition.  As a result, there is no failure to appear triggering Code Civ. Proc. § 2025.450(a).