Judge: Lynne M. Hobbs, Case: 20STCV34943, Date: 2023-10-19 Tentative Ruling
Case Number: 20STCV34943 Hearing Date: October 19, 2023 Dept: 30
LOAI KHAWAJA vs XAVIER MALCOM G. THOMAS
Motion to Compel Responses to Request for Production of Documents (Set 3)
Motion to Compel Responses to Supplemental Interrogatories (Set 1)
Motion to Compel Responses to Special Interrogatories (Set 3)
TENTATIVE
Motion to Compel Responses to Request for Production of Documents (Set 3), the Motion to Compel Responses to Supplemental Interrogatories (Set 1), and the Motion to Compel Responses to Special Interrogatories (Set 3) are GRANTED. Intervenor is ORDERED to serve verified responses, without objections, to Plaintiff’s Request for Production of Documents (Set 3), Supplemental Interrogatories (Set 1), and Special Interrogatories (Set 3), within 20 days of the issuance of this order. Moving party is to give notice of this ruling.
DISCUSSION
In November 2022, Plaintiff served the discovery requests on Intervenor. On February 20, 2023, the parties participated in mediation, and the case was dropped against Defendant Dsouza, not Defendant Thomas. On May 4, 2023, Plaintiff demanded intervenor provide responses within 30 days. On June 9, 2023, Intervenor’s new counsel contacted Plaintiff’s counsel. Plaintiff’s counsel provided information to new counsel, but as of June 30, 2023, no responses have been provided. Plaintiff is entitled to responses. Under CCP § 2031.300, when a party fails to provide responses to timely propounded discovery, a party may move for an order compelling responses. Failure to timely respond waives all objections, including privilege and work product.¿ (Code Civ. Proc., § 2030.290, subd. (a).) The Court declines to impose sanctions as these motions are unopposed.¿
Plaintiff must file a separate motion to compel responses to the supplemental request for production of documents and pay the filing fee.
