Judge: Lynne M. Hobbs, Case: 19STCV46682, Date: 2023-10-03 Tentative Ruling

 PLEASE NOTE:    

The parties are encouraged to meet and confer concerning this tentative ruling to determine if there is an agreement to submit.  

Regardless of whether there is any such agreement, each party who wishes to submit must send an email to the Court at SSCdept30@LACourt.org indicating the party's intention to submit. 

Include the word "SUBMITS" in all caps and the case number in the subject line of the email and in the body provide the date and time of the hearing, your name, your contact information, the party you represent, whether that party is a plaintiff, defendant, cross-complainant, cross-defendant, claimant, or non-party.  

If a party submits but still intends to appear at the hearing, include the words "SUBMITS BUT WILL APPEAR" in the subject line of the email. 

If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar. 

Unless all the parties have submitted, the Court will hear argument from any party that appears at the hearing and wishes to argue. The Court may change its tentative as a result of the argument and adopt the changed tentative as the final order at the end of that hearing, even if all the parties are not present. 

Be advised that after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of said motion and may adopt the tentative ruling as the order of the Court.     

Case Number: 19STCV46682    Hearing Date: October 3, 2023    Dept: 30

VARTAN BABURIAN vs GRILL CONCEPTS, INC.

Motion to Compel Responses to Request for Production of Documents (Set Two) and Form Interrogatories (Set Two)

Ruling:  Defendant Grill Concepts, Inc.’s Motion for an Order Compelling Plaintiff Vartan Baburian’s Responses to Request for Production of Documents (Set Two), and Motion for an Order Compelling Plaintiff Vartan Baburian’s Responses to Form Interrogatories (Set One) are granted.  Plaintiff Vartan Baburian is ordered to serve verified responses, without objection, within 20 days of notice of ruling.  Requests for sanctions are denied.  Moving party to give notice.

Discussion:  Defendant served Requests for Production of Documents, Set One, on Plaintiff on March 17, 2023. (Harwin Decl. ¶ 2.) To date, Defendant has not received any responses. (Id. at ¶ 4.) A party must respond to a request for production of documents within 30 days after service. (Code Civ. Proc., § 2031.260, subd. (a).) If a party to whom requests for production of documents is directed does not provide timely responses, the requesting party may move for an order compelling responses to the discovery. (Code Civ. Proc., § 2031.300, subd. (b).) The party also waives the right to make any objections, including one based on privilege or work-product protection. (Code Civ. Proc., § 2031.300, subd. (a).)

Defendant served Form Interrogatories, Set One, on Plaintiff on March 17, 2023. (Harwin Decl. ¶ 2.) To date, Defendant has not received any responses. (Id. at ¶ 4.)  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 section 2030.290, subd. (b).) A party waives its objections to a discovery request when it does not serve a timely response to the request. (Code Civ. Proc. 2030.290(a)) 

The Court declines to award sanctions as these motions are unopposed.