Judge: Linda S. Marks, Case: 2021-01235248, Date: 2022-10-24 Tentative Ruling

Motion to Compel Production filed by Juan R Sierra and Adriana A Orozco on 6/15/22

Plaintiffs move to compel further responses to Requests for Production, Set One, Nos. 7, 10, 16-18, 25-27, 28-30, 47, 82-83, and 85-91.

“Unless notice of this motion is given within 45 days of the service of the verified response, or any supplemental verified response, or on or before any specific later date to which the demanding party and the responding party have agreed in writing, the demanding party waives any right to compel a further response to the demand.” (Code Civ. Proc., § 2031.310, subd. (c).)

“[D]iscovery deadlines are mandatory and we have treated them as jurisdictional.” (Weinstein v. Blumberg (2018) 25 Cal.App.5th 316, 322 [citing Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410].) “Where a party does not obtain trial court relief from the statutory deadline, ‘failure to move for further answers within the statutory time forecloses further relief.’” (Id. [citing O’Brien v. Superior Court (1965) 233 Cal.App.2d 388, 391].)

Here, Defendant served its responses on April 29, 2022. 45 days after April 29, 2022 is Monday, June 13, 2022. The motion, however, was not filed until June 15, 2022.

Tentative Ruling: The motion is DENIED as untimely

Defendant to give notice.