Judge: Mark A. Young, Case: 23SMCV00493, Date: 2025-01-29 Tentative Ruling

Case Number: 23SMCV00493    Hearing Date: January 29, 2025    Dept: M

CASE NAME:           Ivanov v. Messinese

CASE NO.:                23SMCV00493

MOTION:                  Motion to Compel Initial Discovery Responses

HEARING DATE:   1/29/2025

Legal Standard

 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. (CCP § 2030.290(b).) The statute contains no time limit for a motion to compel where no responses have been served. All that need be shown in the moving papers is that a set of interrogatories was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served. (Leach v. Superior Court (1980) 111 Cal. App. 3d 902, 905-906.) 

Where there has been no timely response to a CCP section 2031.010 inspection demand, the demanding party must seek an order compelling a response. (CCP § 2031.300.) Failure to timely respond waives all objections, including privilege and work product. Thus, unless the party to whom the demand was directed obtains relief from waiver, he or she cannot raise objections to the documents demanded. There is no deadline for a motion to compel responses. Likewise, for failure to respond, the moving party need not attempt to resolve the matter outside court before filing the motion. Where the motion seeks only a response to the inspection demand, no showing of "good cause" is required. 

ANALYSIS

Defendant Brado Messinese moves to compel Plaintiff Vadim Ivanov’s initial responses to the subject discovery, including: a) Special Interrogatories, Set One; b) Form Interrogatories, Set One, and c) Demand for Production of Documents, Set One. Defendant requests $810.00 in sanctions per motion.

On August 13, 2024, Defendant served Plaintiff with his first set of discovery. (Landry Decl., ¶¶2-3, Exs. A.) On November 22, 2024, Defense counsel assistant emailed Plaintiff’s counsel office with a meet and confer communication regarding overdue discovery responses but did not receive any responses. (Id., ¶¶ 3-4.)

Accordingly, the motions to compel are GRANTED. Sanctions are imposed in the reduced, total amount of $1,180.00 against Plaintiff. Sanctions are to be paid to Defendant’s counsel of record within 30 days.  Further responses are ordered without objections within 20 days.