Judge: Lisa R. Jaskol, Case: 22STCV22949, Date: 2025-01-13 Tentative Ruling
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Case Number: 22STCV22949 Hearing Date: January 13, 2025 Dept: 28
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On July 15, 2022, Plaintiff November 29, 2023, Plaintiffs Emil Lewis and Good Life Café LLC filed this action against Defendants Deborah White, McGeady’s Pub, and Does 1-10 for damage to property.
On March 18, 2024, Defendant Deborah White dba McGeady’s Pub (“Defendant”) filed an answer.
On October 31, 2024, Defendant filed (1) a motion to compel Plaintiffs’ responses to special interrogatories, set one and (2) a motion to compel Plaintiffs’ responses to form interrogatories, set one. The motions were set for hearing on January 13, 2025. Plaintiffs have not filed oppositions.
PARTY’S REQUESTS
Defendant asks the Court to compel Plaintiffs’ responses to special interrogatories, set one, and form interrogatories, set one.
LEGAL STANDARD
Code of Civil Procedure section 2030.290 provides in part:
“If a party to whom interrogatories are directed fails to serve a timely response, the following rules apply:
“(a) The party to whom the interrogatories are directed waives any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010). The court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied:
“(1) The party has subsequently served a response that is in substantial compliance with Sections 2030.210, 2030.220, 2030.230, and 2030.240.
“(2) The party’s failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect.
“(b) The party propounding the interrogatories may move for an order compelling response to the interrogatories.
“(c) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response to interrogatories, 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., § 2030.290.)
DISCUSSION
On March 27, 2024, Defendant served special interrogatories, set one, and form interrogatories, set one, on Plaintiff Emil Lewis. The same day, Defendant also served special interrogatories, set one, and form interrogatories, set one, on Plaintiff Good Life Café LLC. (Defendant should have filed four separate motions, one for each type of discovery served on each Plaintiff.) Plaintiffs did not provide timely responses and had provided responses by the time Defendant filed these motions.
The Court grants Defendant’s motions and orders Plaintiffs to serve verified code-compliant responses to the special and form interrogatories, without objections, by February 12, 2025.
CONCLUSION
The Court GRANTS Defendant Deborah White dba McGeady’s Pub’s motion to compel Plaintiff Emil Lewis's responses to special interrogatories, set one. The Court orders Plaintiff Emil Lewis to serve verified code-compliant responses to special interrogatories, set one, without objections by February 12, 2025.
The Court GRANTS Defendant Deborah White dba McGeady’s
Pub’s motion to compel Plaintiff Emil Lewis's responses to form
interrogatories, set one. The Court
orders Plaintiff Emil Lewis to serve verified code-compliant responses to form
interrogatories, set one, without objections by February 12, 2025.
The Court GRANTS Defendant Deborah White dba McGeady’s Pub’s motion to compel Plaintiff Good Life Café LLC's responses to special interrogatories, set one. The Court orders Plaintiff Good Life Café LLC to serve verified code-compliant responses to special interrogatories, set one, without objections by February 12, 2025.
The Court GRANTS Defendant Deborah White dba McGeady’s Pub’s motion to compel Plaintiff Good Life Café LLC's responses to form interrogatories, set one. The Court orders Plaintiffs Emil Lewis and Good Life Café LLC to serve verified code-compliant responses to form interrogatories, set one, without objections by February 12, 2025.
The Court orders Defendant Deborah White dba McGeady’s Pub to pay $120.00, representing two additional $60.00 filing fees, to the Clerk’s Office of the Los Angeles Superior Court by February 12, 2025.
Moving party is ordered to give notice of this ruling.
Moving party is ordered to file the proof of service of this ruling with the Court within five days.