Judge: Lee W. Tsao, Case: 22NWCV01537, Date: 2024-04-24 Tentative Ruling

Case Number: 22NWCV01537    Hearing Date: April 24, 2024    Dept: C

SEIDMAN v. J AND C HOUSE OF LOVE, INC., ET AL.

CASE NO.:  22NWCV01537

HEARING: 4/24/24 @ 9:30 a.m.

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TENTATIVE ORDER

Plaintiff Scott Seidman’s Motions to Compel Responses to Form Interrogatories (Set One) and Requests for Production of Documents (Set One) are GRANTED. Monetary sanctions are DENIED. Defendant J and C House of Love, Inc. is ordered to serve responses without objections within 20 days.

Moving Party to give NOTICE.

The motions are unopposed as of April 19, 2024.

This is a wrongful death and elder abuse action. Plaintiff Scott Seidman (“Plaintiff”) moves to compel responses from Defendant J and C House of Love, Inc. (“Defendant”) to form interrogatories (set one) pursuant to Code of Civil Procedure section 2030.290 and requests for production of documents (set one) pursuant to Code of Civil Procedure section 2031.300.

Code of Civil Procedure section 2030.290, subdivision (b) allows the propounding party to file a motion to compel responses to interrogatories if a response has not been received.  If responses are untimely, the responding party waives objections. (Code Civ. Proc., §§ 2030.290, subd. (a).) 

Code of Civil Procedure section 2031.300, subdivision (b) allows the propounding party to file a motion to compel responses to document demands if a response has not been received.  If responses are untimely, the responding party waives objections. (Code Civ. Proc., § 2031.300, subd. (a).)

Plaintiff served discovery on May 1, 2023. (Decl. Cherepinskiy, ¶ 4.)  Defendant failed to serve any responses to form interrogatories or requests for production of documents. (Decl. Cherepinskiy, ¶ 10.)  

Accordingly, the motions are GRANTED.  Defendant J and C House of Love is ordered to serve responses without objections within 20 days. 

Sanctions:  Discovery sanctions may not be imposed under Section 2023.030, even together with Section 2023.010, absent another provision of the Discovery Act that authorizes the imposition of sanctions. (City of L. A. v. PricewaterhouseCoopers, LLC (2022) 84 Cal.App.5th 466, 500.) Sanctions with respect to interrogatories and requests for production of documents are only authorized against a party who unsuccessfully makes or opposes a motion to compel responses. (Code of Civ. Proc. § 2030.290, subd. (c); Code of Civ. Proc. § 2031.300, subd. (c).) Here, sanctions are denied because the motions are unopposed.