Judge: Mark E. Windham, Case: 20STLC10531, Date: 2022-12-08 Tentative Ruling

Case Number: 20STLC10531    Hearing Date: December 8, 2022    Dept: 26

Cazeres, et al. v. Hernandez, et al

MOTIONS TO COMPEL RESPONSES TO INTERROGATORIES, REQUESTS FOR PRODUCTION; REQUEST FOR SANCTIONS

(CCP §§ 2030.290, 2031.300, 2023.010)

TENTATIVE RULING:

Defendant Carlos Hernandez’s (1) Motion to Compel Responses to Form Interrogatories, Set One, and Request for Sanctions; and (2) Motion to Compel Responses to Request for Production of Documents, Set One, and Request for Sanctions are CONTINUED TO JANAURY 5, 2023 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY JANUARY 3, 2022, DEFENDANT IS TO PAY THE ADDITIONAL FILING FEES AND FILE AND SERVE NOTICE OF THE NEW HEARING DATE ON PLAINTIFFS.

ANALYSIS:

Defendant Carlos Hernandez (“Defendant”) served Plaintiffs Juan Manuel Cazares, Cynthia Cazarez, Rosa Maria Hernandez, and Marie Jane Nicole Munoz (“Plaintiffs”) each with the first set of Form Interrogatories and Requests for Production of Documents on April 22, 2022. (Motion, Freed Decl., Exh. A.) Following Plaintiffs’ failure to respond and an unsuccessful meet and confer effort, Defendant filed the instant (1) Motion to Compel Responses to Form Interrogatories, Set One, and Request for Sanctions; and (2) Motion to Compel Responses to Request for Production of Documents, Set One, and Request for Sanctions (“the Motions”) on October 21, 2022. No opposition has been filed to date.

Defendant improperly filed combined discovery motions to compel responses with respect to separate sets of discovery served on each of the four Plaintiffs. Filing the requests to compel responses to each type of discovery (form interrogatories and request for production) as a single motion negatively impacts the Court’s calendar by placing more motions on the calendar than slots have been provided by the online reservation system. Furthermore, it allows the moving party to avoid paying the requisite filing fees. Statutorily required filing fees are jurisdictional and “it is mandatory for the court clerks to demand and receive statutorily required filing fees.” (See Duran v. St. Luke’s Hospital (2003) 114 Cal.App.4th 457, 460.) Defendant’s Motions, therefore, cannot be heard in full until six additional filing fees are paid and additional motion slots are reserved.

Conclusion

Defendant Carlos Hernandez’s (1) Motion to Compel Responses to Form Interrogatories, Set One, and Request for Sanctions; and (2) Motion to Compel Responses to Request for Production of Documents, Set One, and Request for Sanctions are CONTINUED TO JANAURY 5, 2023 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY JANUARY 3, 2022, DEFENDANT IS TO PAY THE ADDITIONAL FILING FEES AND FILE AND SERVE NOTICE OF THE NEW HEARING DATE ON PLAINTIFFS.

Moving party to give notice.