TENTATIVE RULING

Plaintiff/Cross-Defendant American Express National Bank’s Motion to Compel Responses to Special Interrogatories is GRANTED. Defendant/Cross-Complainant Hrair Govagassian shall serve code-compliant responses to Plaintiff/Cross-Defendant American Express National Bank’s Special Interrogatories (Set One), without objections, within thirty (30) days of entry of this order.

Plaintiff/Cross-Defendant American Express National Bank’s Motion to Compel Responses to Request for Production of Documents is GRANTED. Defendant/Cross-Complainant Hrair Govagassian shall serve code-compliant responses to Plaintiff/Cross-Defendant American Express National Bank’s Requests for Production of Documents (Set One), without objections, within thirty (30) days of entry of this order.

Plaintiff/Cross-Defendant American Express National Bank’s Motion to Compel Responses to Form Interrogatories is GRANTED. Defendant/Cross-Complainant Hrair Govagassian shall serve code-compliant responses to Plaintiff/Cross-Defendant American Express National Bank’s Form Interrogatories (Set One), without objections, within thirty (30) days of entry of this order.

Plaintiff/Cross-Defendant American Express National Bank to give notice. 

REASONING

If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetary sanction. (Code Civ. Proc., § 2030.290, subds. (b), (c).) Failure to timely respond waives all objections, including privilege and work product, unless “[t]he party has subsequently served a response that is in substantial compliance” and “[t]he party’s failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect.” (Code Civ. Proc., § 2030.290, subd. (a).) The statute contains no time limit for a motion to compel where no responses have been served. All that need be shown in the moving papers is that a set of interrogatories was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served. (Leach v. Superior Court (1980) 111 Cal.App.3d 902, 905-906.)

Similarly, where there has been no timely response to a Code of Civil Procedure section 2031.010 demand, the demanding party must seek an order compelling a response. (Code Civ. Proc., § 2031.300, subd. (b).) Failure to timely respond waives all objections, including privilege and work product.  (Code Civ. Proc., § 2031.300, subd. (a).) Thus, unless the party to whom the demand was directed obtains relief from waiver, he or she cannot raise objections to the documents demanded. (Ibid.) There is no deadline for a motion to compel responses. Likewise, for failure to respond, the moving party need not attempt to resolve the matter outside court before filing the motion. (See Code Civ. Proc., § 2031.300.) Where the motion seeks only a response to the inspection demand, no showing of “good cause” is required. (Contra Code Civ. Proc., § 2031.310, subd. (b)(1) [good cause requirement for motion to compel further responses].)

Plaintiff/Cross-Defendant American Express National Bank (“Plaintiff”) served Defendant/Cross-Complainant Hrair Govagassian (“Defendant”) with its Form Interrogatories (Set One) and Requests for Admissions (Set One) on October 4, 2024. (Mots., Mahdavi Decls. ¶ 9.) Responses were due on or before November 5, 2024. (Mots., Mahdavi Decls. ¶ 10.) Defendant’s deadline to respond was extended to December 30, 2024. (Mots., Mahdavi Decls. ¶ 11.) To date, no responses have been received.

Accordingly, Plaintiff/Cross-Defendant American Express National Bank’s Motion to Compel Responses to Form Interrogatories is GRANTED. Defendant/Cross-Complainant Hrair Govagassian shall serve code-compliant responses to Plaintiff/Cross-Defendant American Express National Bank’s Form Interrogatories (Set One), without objections, within thirty (30) days of entry of this order.

Plaintiff/Cross-Defendant American Express National Bank (“Plaintiff”) served Defendant/Cross-Complainant Hrair Govagassian (“Defendant”) with its Special Interrogatories (Set One) and Requests for Production of Documents (Set One) on October 4, 2024. (Mots., Mahdavi Decls. ¶ 9.) Responses were due on or before November 5, 2024. (Mots., Mahdavi Decls. ¶ 10.) Defendant’s deadline to respond was extended to December 30, 2024. (Mots., Mahdavi Decls. ¶ 11.) To date, no responses have been received.

Accordingly, Plaintiff/Cross-Defendant American Express National Bank’s Motion to Compel Responses to Special Interrogatories is GRANTED. Defendant/Cross-Complainant Hrair Govagassian shall serve code-compliant responses to Plaintiff/Cross-Defendant American Express National Bank’s Special Interrogatories (Set One), without objections, within thirty (30) days of entry of this order. Plaintiff/Cross-Defendant American Express National Bank’s Motion to Compel Responses to Request for Production of Documents is GRANTED. Defendant/Cross-Complainant Hrair Govagassian shall serve code-compliant responses to Plaintiff/Cross-Defendant American Express National Bank’s Requests for Production of Documents (Set One), without objections, within thirty (30) days of entry of this order.