Judge: Lee W. Tsao, Case: 23NWCV01948, Date: 2024-06-06 Tentative Ruling

Case Number: 23NWCV01948    Hearing Date: June 6, 2024    Dept: C

SALINAS v. SMITH

CASE NO.:  23NWCV01948

HEARING:  06/06/24

#5

     I.        Defendants unopposed Motion to Compel Plaintiff JUSTIN SALINAS’ Responses to Special Interrogatories (set one) is GRANTED.

    II.        Defendants unopposed Motion to Compel Plaintiff JUSTIN SALINAS’ Responses to Form Interrogatories (set one) is GRANTED.

  III.        Defendants unopposed Motion to Compel Plaintiff JUSTIN SALINAS’ Responses to Request for Production of Documents (set one) is GRANTED.

Moving Party to give Notice.

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, Defendants/Moving Parties have shown that Special Interrogatories (set one), Form Interrogatories (set one) and Request for Production of Documents (set one) were properly served onto Plaintiff Justin Salinas on August 25, 2023. The deadlines to respond have expired, and no responses of any kind have been provided.  These Motions were filed December 29, 2023— about four months after service of the discovery. As of June 4, 2024, no Substantive Oppositions have been filed to the subject Motions.

Declarations in Opposition to these Motions were filed on January 5, 2024 and May 20, 2024. The Declarations of Kenneth C. Yeager submitted in Opposition do not contain any substantive arguments against granting the Motions. Rather, counsel for Plaintiff states that he has “received no cooperation from [Plaintiff] in responding to Defendant’s discovery.” (Yeager Decl., ¶2.) Mr. Yeager only argues that no sanctions are warranted against him or his office.

The Motions to Compel are GRANTED, and Plaintiff Justin Salinas 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.

No sanctions are ordered because the motions are substantively unopposed. (CCP §§ 2030.290, subd. (d); 2031.300, subd. (c).)