Judge Lee W. Tsao, Case Number: 23NWCV00382, Date: 2024-02-15 Tentative Ruling

Judge: Lee W. Tsao, Case: 23NWCV00382, Date: 2024-02-15 Tentative Ruling

Case Number: 23NWCV00382 Hearing Date: February 15, 2024 Dept: C

MENDOZA v. VIELE

CASE NO.: 23NWCV00382

HEARING: 02/15/24

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

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

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

Moving Party to give Notice.

No Oppositions filed as of February 13, 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, Defendant has shown that Form Interrogatories (set one), Special Interrogatories (set one), and Request for Production of Documents (set one) were properly served onto Plaintiff on May 26, 2023. The deadlines to respond have expired, and no responses of any kind have been provided. These Motions were filed August 31, 2023— about three months after service of the discovery. As of February 13, 2024, no Oppositions have been filed to the subject Motions.

Therefore, the Motions to Compel are GRANTED, and Plaintiff ROBERT MENDOZA 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.

Reasonable Sanctions are GRANTED in the amount of $1,230.00. Plaintiff ROBERT MENDOZA is ORDERED to pay Defendant and Defendant’s Counsel of Record sanctions in the amount of $1,230.00, payable within 30 days of the date of the Court’s issuance of this Order.