Judge: Mark H. Epstein, Case: 23SMCV00161, Date: 2024-09-20 Tentative Ruling

Case Number: 23SMCV00161    Hearing Date: September 20, 2024    Dept: I

These are three motions to compel.  The case arises from an auto accident.  Discovery was propounded on March 14, 2024.  Plaintiff responded with essentially all objections.  Having reviewed the objections, the court believes them to be largely frivolous and they are STRICKEN.  Plaintiff’s counsel’s reasoning is that counsel is having trouble communicating with plaintiff and therefore can get no information so the objections were essentially placeholders.  The parties had attempted an IDC, but the recent ransomware attack took that off calendar. 

The court tends to agree with the defense here.  Counsel may be doing all that is possible, but that does not excuse plaintiff.  If plaintiff wants to be a plaintiff, plaintiff must participate in discovery.  Plaintiff’s counsel seems to agree that the responses as they stand are inadequate.

The court will therefore GRANT the motions to compel.  Verified responses without objections other than privilege will be served within 30 days.  Documents and a privilege log will be served at the same time.  If plaintiff fails to do so, then defendant may bring a motion to compel and seek sanctions other than monetary ones.  In a show of good will, defendant has not sought sanctions in these motions.