Judge: Marcella O. Mclaughlin, Case: 37-2022-00044902-CU-PA-CTL, Date: 2023-11-09 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - November 08, 2023

11/09/2023  01:30:00 PM  C-72 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Marcella O McLaughlin

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Civil - Unlimited  PI/PD/WD - Auto Discovery Hearing 37-2022-00044902-CU-PA-CTL KING VS VERGARA MEZA [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 10/18/2023

A. The motions to compel further responses to form interrogatories, special interrogatories, and requests for production of documents are DENIED as untimely.

Unless notice of a motion to compel further responses to interrogatories or a motion to compel further production of documents is given within 45 days of service of the verified response to the discovery request, or a specific later date to which the parties have agreed in writing, the propounding party waives any right to compel a further response. Code Civ. Proc. §§ 2030.300(c), 2031.310(c). The time limit is 'mandatory and jurisdictional.' Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.

In this case, Meza served initial and supplemental responses on April 14, 2023 and August 2, 2023, respectively. (Colorado Decl., ¶¶ 4, 6.) Thereafter, the parties agreed in writing to extend plaintiff's motion to compel deadline to October 15, 2023. (Colorado Decl., Ex. 7.) Plaintiff, however, did not file her motions until October 18, 2023.

Plaintiff argues that the motions are timely because the parties agreed on September 28, 2023 to extend the motion deadline to October 18, 2023. However, there is no evidence showing that such an agreement was ever reduced to writing. (See Colorado Decl., Ex. 8.) Accordingly, the motions are untimely.

B. Plaintiff's request for monetary sanctions is denied in light of the court's ruling on her motions.

Meza's request for monetary sanctions is likewise denied. The court finds that circumstances make the imposition of sanctions unjust. Code Civ. Proc. §§ 2030.300(d), 2031.310(h).

C. The hearing on the motion to compel defendant's deposition is ordered OFF CALENDAR. No moving papers were filed.

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