Judge: Lynne M. Hobbs, Case: 21STCV47251, Date: 2023-09-27 Tentative Ruling

Case Number: 21STCV47251    Hearing Date: September 27, 2023    Dept: 30

CHUL HEE LIM vs KUNG SOON HAN, et al.

Motion to Compel Responses to Form Interrogatories
Motion to Compel Responses to Request for Production

Tentative Ruling:  The Motions to Compel re Form Interrogatories and Request for Production are granted.  Plaintiff is ordered to serve responses, without objections, within 20 days of date of notice of ruling.  Requests for sanctions are denied. Moving party to give notice.

Discussion: 

Defendant served Form Interrogatories, Set One, and a Request for Production on Plaintiff on November 4, 2022. (Jeong Decl. ¶ 2, Ex. 3 and 5.) To date, Defendant has not received any responses. (Id. at ¶ 5.) If a party to whom discovery is directed fails to serve a timely response, the propounding party may move for an order compelling responses. (Code Civ. Proc sections 2030.290(b), 2031.300(b)) Further, 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), 2032.300(a)) Even if objections do not need to be verified, objections will be waived if the responding party “fails to file any response within the statutory time period.” Food 4 Less Supermarkets, Inc. v. Superior Court (1995) 40 Cal.App.4th 651, 658.  The Court declines to award sanctions as these motions are unopposed.