Judge: Lee W. Tsao, Case: 22NWCP00345, Date: 2023-08-24 Tentative Ruling

Case Number: 22NWCP00345    Hearing Date: August 24, 2023    Dept: C

SWYER v. LONG

CASE NO.:  22NWCP00345

HEARING:  08/24/23

#1

Plaintiff’s unopposed Motion to Compel Defendant’s Responses to Post Judgment Interrogatory Requests (set one) is GRANTED.

Moving Party to give Notice.

No Opposition filed as of August 21, 2023.

If a party to whom interrogatories are directed fails to respond at all, the propounding party’s remedy is to seek a court order compelling answers thereto. (CCP § 2030.290.) 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, Plaintiff has shown that Post Judgment Interrogatory Requests were properly served onto Plaintiff on November 16, 2022. The deadlines to respond have expired, and no responses of any kind have been provided.  The instant Motion was filed on February 1, 2023— almost three months after service of the discovery. As of August 21, 2023, no Opposition has been filed to the subject Motion.

Therefore, the Motion to Compel is GRANTED, and Defendant ROBERT LONG is ORDERED to provide verified responses, without objection by no later than 15 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.