Judge: Mark H. Epstein, Case: 23SMCV02282, Date: 2024-09-06 Tentative Ruling

Case Number: 23SMCV02282    Hearing Date: September 6, 2024    Dept: I

The unopposed motion to compel initial responses is GRANTED.  Discovery was served on March 26,2024.  No responses were received so defendant wrote to plaintiff’s counsel.  Plaintiff responded saying that responses had been served, but defendant did not receive them.  The responses were forwarded the next day, but they were almost completely objections and no responses at all to some discovery.  Defendant sent a meet and confer letter but plaintiff failed to respond.  These motions followed and there has been no opposition.  The motions are GRANTED.  Plaintiff will serve verified responses without objection other than privilege within 5 court days.  These motions are only to compel initial responses, not further responses.  But the court has looked at the responses that were given.  Plaintiff’s counsel would be well advised not to press a hearing on the good faith (or patent lack thereof) of the responses that were tendered unless plaintiff can really defend the objections.  The five day period is short and deliberately so.

The requests for sanctions are GRANTED.  There is no justification for the failure to respond and the amounts are reasonable.  They are in the total amount of $1123.30 and are against plaintiff, but not counsel.  They are payable within 30 days.