Judge: Lee W. Tsao, Case: 23NWCV01400, Date: 2024-08-08 Tentative Ruling

Case Number: 23NWCV01400    Hearing Date: August 8, 2024    Dept: C

ESCOBAR v. ARCE

CASE NO.:  23NWCV01400

HEARING:  08/08/24

#5

     I.        Defendant’s unopposed Motion to Compel Plaintiff ERNESTO ESCOBAR CHAVEZ’s Responses to Form Interrogatories (set one) is GRANTED.

    II.        Defendant’s unopposed Motion to Compel Plaintiff ERNESTO ESCOBAR CHAVEZ’s Responses to Special Interrogatories (set one) is GRANTED.

  III.        Defendant’s unopposed Motion to Compel Plaintiff ERNESTO ESCOBAR CHAVEZ’s Responses to Demand for Production of Documents (set one) is GRANTED.

Moving Party to give Notice.

No Oppositions filed as of August 6, 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 Special Interrogatories (set one), Form Interrogatories (set one) and Request for Production of Documents (set one) were properly served onto Plaintiff on September 25, 2023. The deadlines to respond have expired, and no responses of any kind have been provided.  These Motions were filed July 10, 2024— almost ten months after service of the discovery. As of August 6, 2024, no Oppositions have been filed to the subject Motions.

The unopposed Motions to Compel are GRANTED, and Plaintiff ERNESTO ESCOBAR CHAVEZ’s is ORDERED to provide verified responses and documents, without objection by no later than 30 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 total amount of $705.00 Plaintiff ERNESTO ESCOBAR CHAVEZ’s and their counsel of record are jointly and severally ORDERED to pay Defendant and their counsel of record sanctions in the total amount of $705.00, payable within 30 days from the date of the Court’s issuance of this Order.