Judge: Linda S. Marks, Case: 2021-01227759, Date: 2022-11-28 Tentative Ruling

Motion to Compel Answers to Special Interrogatories filed by Emilio F. Rodrigo and Benita Flores on 8/10/22

Defendants/Cross-Complainants Emilio Flores Rodrigo and Benita Flores (“Defendants ”) move to compel responses without objections from Plaintiff ENGS Commercial Finance Co. (“Plaintiff”) to Defendants ’ Demands for Inspection, Set Nos. 1 and 2 and for monetary sanctions in the amount of $5,645.20.

Code of Civil Procedure section 2031.300 states that if a party to whom a demand for inspection “fails to serve a timely response to it,” the party waives any and all objections and the propounding party may move for an order compelling responses. (Code Civ. Proc., § 2031.300(a)-(b).) This section also states “the court shall impose a monetary sanction . . . against any party, person or attorney who unsuccessfully makes or opposes a motion . . . unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” (Code Civ. Proc., § 2031.300(c).)

Defendants served a first set of Demands for Inspection on Plaintiff on February 8, 2022. (Declaration of Gary E. Mastin, ¶ 2, Ex. B.) On June 28, 2022, Defendants served a second set of Demands for Inspection on Plaintiff. (Id., at ¶ 4, Ex. C.) At the time this Motion was filed, no responses had been served to either set of discovery. (Id., ¶¶ 3, 6.)

Plaintiff argues the Motion should be denied because Defendants failed to meet and confer as required under Code of Civil Procedure section 2031.310(b)(2). This section relates to motions to compel further responses and is inapplicable here, where no responses were served whatsoever. Defendants had no obligation to meet and confer prior to the filing of their Motion.

Plaintiff states responses to the disputed Demands for Inspection were served on September 13, 2022, without any objections. (Declaration of Raymond A. Policar, ¶ 10.)

Tentative Ruling: Defendants ’ Motion to Compel is DENIED as MOOT.

Sanctions:

Sanctions are not awarded. Counsel offered sufficient justification for the failure to respond, including the loss of a family member.

Defendants to give notice.