Judge: Lindsey E. Martinez, Case: 2022-01244586, Date: 2022-07-25 Tentative Ruling

No. 8: Garcia v. Martinez

Motion No. 1:  Plaintiff’s motion to compel responses to Form Interrogatories, set one, is denied as moot. Within twenty (20) days, Defendant shall pay sanctions in the sum of $300.00.

Motion No. 2: Plaintiff’s motion to compel responses to Special Interrogatories, set one, is denied as moot. Within twenty (20) days, Defendant shall pay sanctions in the sum of $300.00.

Motion No. 3: Plaintiff’s motion to compel responses to Request for Production of Documents, set one, is denied as moot. Within twenty (20) days, Defendant shall pay sanctions in the sum of $300.00.

Motion No. 4: Plaintiff’s motion to deem admitted the Request for Admissions, set one, is denied as moot.  Within twenty (20) days, Defendant shall pay sanctions in the sum of $300.00.

Responses to interrogatories, requests for production of documents, and requests for admission are due 30 days after service (plus appropriate time for method of service).  (Code Civ. Proc. §§ 2030.260; 2031.260; 2033.250.) 

Here, Defendant served verified responses to the discovery requests on June 30, 2022.  Neither Plaintiffs nor Defendant provided the Court with a copy of those responses, so the Court is not able to evaluate those responses.  If Plaintiff seeks to compel further responses, it may file an appropriate motion.  At this point, however, the only remaining issue is the issue of sanctions. 

Sanctions: The fact that responses were belatedly served does not divest the Court of jurisdiction to rule on this motion. (Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 405.

The motions were filed on 5/25/22. Defendants forced Plaintiff to file these motions to compel. The late responses were finally served on 6/30/22. The same scenario occurred in the motion heard on 7/18/22. Defendant has not shown justification for failing to respond timely.

Pursuant to Code. Civ. Proc. § 2033.280 (c), the court is required to impose sanctions even if the Responses are served prior to the motion.

Plaintiffs to give notice.