Judge: Mark A. Young, Case: 23SMCV02140, Date: 2024-02-02 Tentative Ruling
Case Number: 23SMCV02140 Hearing Date: March 7, 2024 Dept: M
CASE NO.: 23SMCV02140
MOTION: Motion
to Compel Initial Discovery Responses as to Form Interrogatories
HEARING DATE: 3/7/2024
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.)
Analysis
Plaintiff James Hunter moves for an
order compelling Defendant Darren Burris to serve verified answers, without
objections, to Form Interrogatories, set one (“FROGs”). Plaintiff served Defendant
with the FROGs on June 28, 2023. (Hunter Decl., ¶ 5, Ex. 1.) Responses were therefore
due on August 2, 2023. Defendant did not respond. (¶ 7.) Defendant submitted an
opposition declaration on October 24, 2023, but the declaration does not
address the merits of this motion. Given Defendant’s unexplained failure to
respond, the motion to compel is GRANTED.
Finally, the Court would request
some clarification at the hearing regarding service of the FROGs on
Burris. The proof of service shows Burris
personally served on June 28, 2023. While
current counsel formally substituted into the matter on July 5, 2023 (and
Burris was pro per at the time), when Burris answered the complaint on June 14,
2023, he was represented by the same counsel.