Judge: Mark A. Young, Case: 23SMCV03119, Date: 2024-12-04 Tentative Ruling

Case Number: 23SMCV03119    Hearing Date: December 4, 2024    Dept: M

CASE NAME:           Nelson, v. Brazil-Collins, et al.

CASE NO.:                23SMCV03119

MOTION:                  Motion to Compel Initial Discovery Responses

HEARING DATE:   12/4/2024

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.) 

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 

Defendants Angela Brazil-Collins and Patrick Collins moves to compel Plaintiff Regina Nelson’s initial responses to its first set of discovery, including Request for Production of Documents, Form Interrogatories, and Special Interrogatories. Defendants request sanctions against Plaintiff in the amount of $585.00 per motion.

On May 8, 2024, Defendants served the first set of discovery on Plaintiff. (Banks Decl., Ex. A.) Despite providing extensions, Defendants did not receive any responses. (Id., Exs. B-C.)

Plaintiff opposes the motions but does not provide any responses. Plaintiff argues that the motion is untimely. Plaintiff contends that notice of the motion must be provided within 45 days of service of a response, or any supplemental response, or on or before any specific later date to which the parties have agreed. (CCP § 2031.310.) However, this section only applies to motions to compel further responses. The instant motions are to compel initial responses.

Accordingly, the motions are GRANTED. Sanctions are imposed as noticed -- $585 per motion against Plaintiff and payable within 30 days.  Responses are ordered – without objections – within 10 days.