Judge Mark E. Windham, Case Number: 22STLC02680, Date: 2023-09-06 Tentative Ruling

Judge: Mark E. Windham, Case: 22STLC02680, Date: 2023-09-06 Tentative Ruling

Case Number: 22STLC02680 Hearing Date: September 6, 2023 Dept: 26

April 26th, LLC v. Shaker, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES

(CCP §§ 2030.290, 2023.010)

TENTATIVE RULING:

Plaintiff April 26th, LLC’s (1) Motion to Compel Responses to Form Interrogatories, Set One; and Request for Sanctions; and (2) Motion to Compel Responses to Special Interrogatories, Set One; Request for Sanctions are GRANTED. DEFENDANT DAVID SHAKER IS TO SERVE VERIFIED RESPONSES TO THE INTERROGATORIES WITHOUT OBJECTIONS WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

On June 5, 2023, Plaintiff April 26th, LLC (“Plaintiff”) served Form Interrogatories, Set One, and Special Interrogatories, Set One, on Defendant David Shaker (“Defendant”). (Motions, Marantz Decl., Exh. 2.) To date, Defendant has not served responses. (Id. at ¶6.) Plaintiff filed the instant (1) Motion to Compel Responses to Form Interrogatories, Set One; and Request for Sanctions; and (2) Motion to Compel Responses to Special Interrogatories, Set One; Request for Sanctions, on July 24, 2023. No oppositions have been filed to date.

Discussion

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.) Further, the motion can be brought at any time after the responding party fails to provide the responses. (Code Civ. Proc., § 2030.290.) Based on Defendant’s failure to respond to the propounded discovery, Plaintiff is entitled to an order compelling Defendant to serve verified responses to the interrogatories without objections.

Conclusion

Moving party to give notice.