Judge: Linda S. Marks, Case: 2021-01227759, Date: 2022-10-10 Tentative Ruling

Motion to Compel Answers to Form Interrogatories filed by Emilio F. Rodrigo and Benita Flores  on 5/31/22

Defendants/Cross-Complainants Emilio Flores Rodrigo and Benita Flores (“Cross-Complainants”) move to compel further responses from Cross-Defendant Truxas Sales, Inc. (“Truxas”) to Cross-Complainants’ Form Interrogatory No. 17.1

As an initial matter, the Court notes that Truxas’ Opposition to the Motion was served on Cross-Complainants’ counsel only, and not on counsel for Plaintiff ENGS Commercial Finance Co. The Court will consider the merits of the Opposition now, but counsel for Truxas is admonished to serve all papers filed in this action in the future on all parties, including Plaintiff.

Cross-Complainants served a first set of Special Interrogatories, Form Interrogatories, and Requests for Admission on Truxas on February 24, 2022. (Declarations of Gary E. Mastin, ¶ 2.) Responses were due on April 5, 2022. (Id., at ¶ 3.) On March 24, 2022, Cross-Complainants served a second set of Requests for Admission and Form Interrogatories. (Id., at ¶ 4.) On March 31, 2022, Truxas was granted an extension of time up to and including May 1, 2022 to serve responses to all of Cross-Complainants’ discovery. (Id., ¶ 5.) Because May 1 was a Sunday, responses were due May 2, 2022. (Id., ¶ 6.) Truxas served responses on May 3, 2022. (Id., ¶ 7.)

Truxas has asserted objections to all of the discovery requests at issue. (See Mastin Decl., Exs. H, I, K, L.) Truxas’ objections have been waived due to its failure to serve timely responses. (Code Civ. Proc., §§ 2030.290, 2031.300, 2033.280.)

On October 3, 2022, this Court granted Cross-Complainants’ Motions to Compel Further Responses to Special Interrogatory Nos. 4, 5, 6, 9, 11, and 12 and Requests for Admission Nos. 21, 22, 32-25, 39, and 41.

Because Truxas has been ordered to serve further responses to Requests for Admission Nos. 21, 22, 32-25, 39, and 41, Truxas must provide a further response to Form Interrogatory No. 17.1, which asks for information regarding any responses to the Requests for Admission which are not unqualified admissions, to the extent any responses to Requests for Admission are further responded to.

Tentative Ruling: The Motion to Compel Further Responses to Form Interrogatory No. 17.1 is GRANTED.

The Court notes that monetary sanctions were granted to Cross-Complainants by way of the October 3, 2022 Order and that the instant Motion is not a separate Motion from Cross-Complainants’ Motion to Compel Further Responses to Special Interrogatories. Thus, the Court declines to award Cross-Complainants additional sanctions here.

Cross-Complainants to give notice.