Judge: Lee W. Tsao, Case: 20NWCV00221, Date: 2023-05-16 Tentative Ruling

Case Number: 20NWCV00221    Hearing Date: May 16, 2023    Dept: C

FIGUEROA v. GAMA

CASE NO.:  20NWCV00221

HEARING:  5/16/23 @ 1:30 P.M.

#7

TENTATIVE RULING

I.             Defendant Gama’s motion for an order to compel Plaintiff Edwin Figueroa to provide responses, without objection to her second set of special interrogatories is CONTINUED to June 13, 2023 at 1:30 pm in Dept. C.

II.            Defendant Gama’s motion for an order to compel Plaintiff Edwin Figueroa to provide responses and responsive documents to her second set of requests for documents, set two, without objection, is CONTINUED to June 13, 2023 at 1:30 pm in Dept. C.

Moving Party to give NOTICE.

Defendant Gama moves to compel responses to special interrogatories and requests for production of documents pursuant to CCP §§ 2030.290 and 2031.300. 

CCP §§ 2030.290(b) and 2031.300(b) allow the propounding party to file a motion to compel responses to interrogatories and document demands if a response has not been received.  If responses are untimely, responding party waives objections.  (CCP §§ 2030.290(a) and 2031.300(a).) 

On January 27, 2023, Defendant served special interrogatories and request for production of documents. Plaintiff failed to serve timely responses. 

In opposition, Plaintiff contends that he was not served with the motions.  However, the motions were served on March 16, 2023, upon Plaintiff’s counsel Aldo Flores, by electronic mail pursuant to CCP § 1010.6 and CRC Rule 2.251(c).  (Weiss Decl., Ex. A; 5/9/23 Proof of Service).  On March 23, 2023, the parties appeared before Judge Olivia Rosales in Dept. F on Defendant Gama’s ex parte application to continue trial because the instant motions could not be heard until after the pending trial date.  Plaintiff’s counsel was present at the ex-parte hearing.  The court advanced the hearing date on the motions to May 16, 2023.  The March 23, 2023 minute order provides the “Moving Party to give notice.”  The court is not in receipt of any notice of ruling filed by Defendant.

Notwithstanding the fact that Plaintiff’s counsel was present at the hearing, the motions will be continued because notice was not properly given.  Regardless of whether Defendant received the first set of motions served on March 16, 2023, Defendant is ordered to reserve the motions electronically upon Plaintiff’s counsel.  The hearing will be CONTINUED to June 13, 2023 at 1:30 pm in Dept. C.  Briefing schedule per Code.  Moving Party to give NOTICE.