Judge Lee W. Tsao, Case 20NWCV00787 2023-02-23 Tentative Ruling

Judge: Lee W. Tsao, Case: 20NWCV00787, Date: 2023-02-23 Tentative Ruling

Case Number: 20NWCV00787 Hearing Date: February 23, 2023 Dept: C

SUN WEST MORTGAGE COMPANY, INC. v. WASHINGTON FIRST MORTGAGE LOAN CORPORATION

CASE NO.: 20NWCV00787

HEARING: 02/23/23

TENTATIVE ORDER

I. Defendant’s unopposed Motion to Compel Plaintiff’s Responses to Special Interrogatories (set one) is GRANTED.

II. Defendant’s unopposed Motion to Compel Plaintiff’s Responses to Request for Production of Documents (set one) is GRANTED.

Moving Party to give Notice.

No Oppositions filed as of February 21, 2023. Due by February 8, 2023. (CCP §1005(b).)

If a party to whom interrogatories and document demands are directed fails to respond at all, the propounding party’s remedy is to seek a court order compelling answers thereto. (CCP §§ 2030.290, 2031.300.) All that needs to be shown is that the discovery was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served. The moving party is not required to show a reasonable and good faith attempt to resolve the matter informally before filing this motion. A motion to compel initial discovery responses need not show good cause, meeting and conferring, or timely filing, and need not be accompanied by a separate statement. (See Sinaiko Healthcare Consulting, Inc. v. Pac. Healthcare Consultants (2007) 148 Cal.App.4th 390, 404.) The failure to timely respond also waives all objections.

Here, Defendant has shown that Special Interrogatories (set one), and Request for Production of Documents (set one) were properly served onto Plaintiff on September 12, 2022. The deadlines to respond have expired, and no responses of any kind have been provided. Defendant filed these motions on November 18, 2022— over two months after service of the discovery. As of February 21, 2023, no Oppositions have been filed to the subject Motions.

Therefore, the Motions to Compel are GRANTED, and Plaintiff SUN WEST MORTGAGE is ORDERED to provide verified responses and documents, without objection by no later than 30 days from date of the Court’s issuance of this Order. This date may be extended by stipulation of the parties. If any objections are asserted, it will be tantamount to no response at all and will be deemed a violation of this Court’s order.

Reasonable sanctions are awarded as follows: Plaintiff SUN WEST MORTGAGE and its attorney of record are jointly and severally ORDERED to pay Defendant and its counsel of record reasonable sanctions in the total amount of $460.00. ($400/hr. x 1 hrs.) ($60 costs) no later than 30 days from the Court’s issuance of this Order. This date may be extended per agreement of the parties.