Judge Lee W. Tsao, Case Number: 22NWCV01452, Date: 2024-08-29 Tentative Ruling

Judge: Lee W. Tsao, Case: 22NWCV01452, Date: 2024-08-29 Tentative Ruling

Case Number: 22NWCV01452 Hearing Date: August 29, 2024 Dept: C

PALLIN v. PRECISION CONSTRUCTION GROUP, INC.

CASE NO.: 22NWCV01452

HEARING: 08/29/24

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

Moving Party to give Notice.

No Oppositions filed as of August 26, 2024.

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, Plaintiff has shown that Request for Production of Documents (set one) was properly served onto Defendant Sorrentino on July 7, 2023. The deadline to respond has expired, and no responses of any kind have been provided. This Motion was filed January 5, 2024— almost six months after service of the discovery. As of August 26, 2024, no Opposition has been filed.

The unopposed Motion to Compel is GRANTED, and Defendant JERRY SORRENTINO is ORDERED to provide verified responses and documents, 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.

Sanctions in the amount requested are GRANTED. Defendant SORRENTINO and their counsel of record are jointly and severally ORDERED to pay Plaintiff and and their counsel of record sanctions in the total amount of $633.75, payable within 30 days from the date of the Court’s issuance of this Order.