Judge: Loren G. Freestone, Case: 37-2022-00004671-CU-OE-CTL, Date: 2024-02-29 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - February 01, 2024

02/02/2024  10:30:00 AM  C-64 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Loren G. Freestone

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Civil - Unlimited  Other employment Discovery Hearing 37-2022-00004671-CU-OE-CTL CUMMINS VS THE CITY OF NATIONAL CITY [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING Defendants The City of National City and The National City Police Department's motion to compel Plaintiff Ashley Cummins to provide further response to form interrogatories is GRANTED.

There is no dispute that Cummins failed to timely respond to FROGs 12.2 and 12.3. As such, she waived her objections. (Code Civ. Proc., § 2030.290, subd. (a).) Cummins argues that she should be relieved from her waiver. However, by statute, relief may only be granted 'on motion.' (Code Civ. Proc., § 2030.290, subd. (a).) Relief cannot be granted 'where the only motion pending is a motion to compel.' (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2022) ¶ 8:1033.) Cummins never filed a motion for relief in the 5 months since serving her untimely objections.

The motion to compel is therefore granted. Cummins shall serve a further verified response, without objection, to FROGs 12.2 and 12.3 within 10 days.

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