Judge Mark E. Windham, Case 22STCV01867 2023-02-08 Tentative Ruling

Judge: Mark E. Windham, Case: 22STCV01867, Date: 2023-02-08 Tentative Ruling

Case Number: 22STCV01867 Hearing Date: February 8, 2023 Dept: 26

Renteria v. Benchmark Collective, LLC, et al.

MOTION TO COMPEL RESPONSES TO SUPPLEMENTAL DOCUMENT DEMANDS AND SUPPLEMENTAL INTERROGATORIES

(CCP §§ 2030.070, 2030.290, 2031.050, 2031.300)

TENTATIVE RULING:

Plaintiff Alfredo Renteria’s (1) Motion To Compel Response To Supplemental Request For Production Of Documents, Set One; and (2) Motion To Compel Response To Supplemental Interrogatories, Set One are GRANTED. DEFENDANT A BENCHMARK COLLECTIVE, LLC IS ORDERED TO SERVE VERIFIED RESPONSES TO THE OUTSTANDING DISCOVERY REQUESTS WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

On December 9, 2022, Plaintiff Alfredo Renteria (“Plaintiff”) served Supplemental Interrogatories, Set One, and Supplemental Requests for Production, Set One, on Defendant A Benchmark Collective, LLC (“Defendant”). (Motions, Renteria Decl., Exh. 1.) To date, Plaintiff has not received verified responses to the discovery requests from Defendant. (Id. at ¶¶4-6 and Exh. 2.) Plaintiff filed the instant (1) Motion to Compel Responses to Supplemental Request for Production of Documents; and (2) Motion to Compel Responses to Supplemental Interrogatories, Set One on January 17, 2023.

There is no requirement for a prior meet and confer effort before a motion to compel initial responses can be filed. (Code Civ. Proc., §§ 2030.290, 2031.300.) Further, the motion can be brought any time after the responding party fails to provide the responses. (Code Civ. Proc., §§ 2030.290, 2031.300.) Based on the failure to respond to the propounded discovery, Plaintiff is entitled to an order compelling Defendant to serve verified responses to the Request for Production of Documents, Set One and Form Interrogatories, Set One, without objections.

Conclusion

Moving party to give notice.