Judge: Lee W. Tsao, Case: 22NWCV00409, Date: 2024-01-09 Tentative Ruling

Case Number: 22NWCV00409    Hearing Date: January 9, 2024    Dept: C

ELITE HOME REMODELING, INC., vs VANCE LARRY

Case No.: 22NWCV00409

Hearing Date: 1/9/24 at 9:30 a.m.

#2

TENTATIVE RULING

Plaintiff Elite Home Remodeling, Inc.’s Motion to Compel Interrogatories is GRANTED, responses are due within 30 days of receipt of notice of this order.

Plaintiff to give notice.

Background

This is a breach of contract lawsuit where Plaintiff Elite Home Remodeling, Inc. (“Plaintiff”) was hired by Defendant Larry Vance (“Defendant”) to perform certain home improvement services, specifically the installation of a solar energy system. Plaintiff alleges that once it installed the system, Defendant refused to pay Plaintiff for its services or, in the alternative, allow Plaintiff to retrieve its equipment.

No Opposition filed as of January 5, 2024.

I.             Interrogatories

Legal Standard

A party may make a demand to propound interrogatories without leave of court at any time 10 days after the service of the summons on, or appearance by, the party to whom the demand is directed, whichever occurs first. (Code Civ. Proc., § 2030.020, subd. (b).)

The party whom the request is propounded upon is required to respond within 30 days after service of a demand, but the parties are allowed to informally agree to an extension and confirm any such agreement in writing. (Code Civ. Proc., § 2031.060, subd. (a); Code Civ. Proc., § 2030.060, subd. (a); Code Civ. Proc., § 2031.070, subd. (a) - (b); Code Civ. Proc., § 2030.070, subd. (a) - (b).)

If a party fails to timely respond to interrogatories, the party to whom the request is directed waives any right to exercise the option to produce writings under Code Civ. Proc., § 2030.230, and waives any objection, including one based on privilege or on the protection for work product. (Code Civ. Proc., § 2031.300, subd. (a); Code Civ. Proc., § 2030.290, subd. (a).) 

The party who propounded the discovery request may bring a motion to compel and the court shall impose a monetary sanction against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response to a demand for production of documents or interrogatories, unless the court finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (Code Civ. Proc., § 2031.300, subd. (c); Code Civ. Proc., § 2030.290, subd. (c).)

Analysis

Plaintiff timely served discovery requests on Defendant on March 22, 2023. (Baradarian Decl., ¶ 2, Ex. A.)

Defendant had 30 days to respond but did not do so. (Id. at ¶ 3.) There were meet and confer attempts, including an extension to produce responses by November 10, 2023.  Despite these attempts, no response was received at the time of filing. (Id. at ¶¶ 4-8.)

Because Defendant has failed to respond to the discovery requests, Defendant is compelled to respond to the form interrogatories without objection, including objections based on privilege or on the protection for work product. (Code Civ. Proc., § 2031.300 subd. (a); Code Civ. Proc., § 2030.290, subd. (a).)  The failure to respond also waives any right to exercise the option to produce writings under Code of Civil Procedure section 2030.230.

Accordingly, Plaintiff’s Motion to Compel Initial Discovery is GRANTED.