Judge Martha K. Gooding, Case 2021-01225040 2022-10-03 Tentative Ruling

Judge: Martha K. Gooding, Case: 2021-01225040, Date: 2022-10-03 Tentative Ruling

1) Motion to Compel Answers to Special Interrogatories

2) Motion to Compel Answers to Special Interrogatories

3) Motion to Compel Production

4) Motion to Compel Production

Before the Court are four unopposed discovery motions brought by Plaintiff Balboa Capital Corporation (“Plaintiff”); two of the motions seek to compel discovery from Defendant Bridget Bellingar, as an individual (“Bellingar”); the other two seek to compel discovery from Defendant Bridget Bellingar, D.O., P.A. (“Bellingar P.A.”).

Motion to Compel Compliance re Document Production - Bellingar

The unopposed Motion to Compel Bellingar to comply with her agreement to produce all documents responsive to Plaintiff’s Inspection Demand Set One (ROA # 34) is GRANTED, pursuant to Civil Procedure Code (“CCP”) section 2031.320(a).

Defendant Bellingar is ordered to produce all responsive documents to Plaintiff’s Inspection Demand, Set One, as agreed, within 10 days of notice of this order. (CCP §2031.320(a)). Additionally, Bellingar is ordered to pay sanctions to Plaintiff in the amount of $560.00 within 30 days of notice of this order. (CCP §2031.320(b), CCP §2023.030(a) and CCP §2023.010(d)).

Per Counsel, Defendant Bridget Bellingar served responses to Plaintiff’s Inspection Demand, Set One, on April 26, 2021. (Da Costa Decl. ¶ 3 and Exh. 2 [ROA No. 35]). Bellingar responded to each request by stating: “Responding party will produce all responsive documents.” (Id.)

Although a meet and confer requirement is not set forth in CCP section 2031.320, counsel for Plaintiff attempted to meet and confer with Defendant via a letter dated May 24, 2022. (De Costa Decl. ¶4.) Despite all of the above, Defendant has failed to produce responsive documents, as agreed. (Da Costa Decl. ¶ 7.)

Based on all of the above, Plaintiff is entitled to an order compelling the production of documents pursuant to CCP section 2031.320 and sanctions, as set forth above.

Plaintiff is ordered to give notice.

Motion to Compel Compliance re Document Production – Bellingar P.A.

The unopposed Motion to Compel Bellingar P.A. to comply with its agreement to produce all documents responsive to Plaintiff’s Inspection Demand Set One (ROA # 38) is GRANTED, pursuant to CCP section 2031.320(a).

Defendant Bellingar P.A. is ordered to produce all responsive documents to Plaintiff’s Inspection Demand, Set One, as agreed, within 10 days of notice of this order. (CCP §2031.320(a)). Additionally, Bellingar P.A. is ordered to pay sanctions to Plaintiff in the amount of $560.00 within 30 days of notice of this order. (CCP §2031.320(b), CCP §2023.030(a) and CCP §2023.010(d)).

The facts and circumstances of this Motion mirror those discussed above in connection with the motion to compel compliance directed to Defendant Bridget Bellingar. (Da Costa Decl. ¶¶3, 4 and 7 [ROA No. 39]). Thus, for the same reasons stated above, this motion is GRANTED.

Plaintiff is ordered to give notice.

Motion to Compel Responses to Special Interrogatories, Set One – Bridget Bellingar

The unopposed Motion to Compel Defendant Bridget Bellingar to provide verified responses, without objection, to Plaintiff’s Special Interrogatories Set One, (ROA No. 36) is tentatively DENIED, for lack of proof of service; if Plaintiff provides the Court with proper proof that this motion was timely and properly served on Bridget Bellingar, the motion will be continued to a new hearing date.

Plaintiff’s Proof of Service does not list the motion directed to Defendant Bridget Bellingar, the individual. (ROA No. 36). Instead, the Proof of Service lists the “Motion to Compel Responses of Defendant Bridget Bellingar, D.O., P.A.” twice. (ROA No. 36). While it is possible this is a clerical or typographical error, the fact remains that Plaintiff has not shown adequate service of this motion.

“[F]undamental principles of due process…call for those with an interest in the matter to have notice and the opportunity to be heard, so that the ensuing order does not issue like a ‘bolt from the blue out of the trial judge’s chambers.’” (Monarch Healthcare v. Superior Court (2000) 78 Cal.App.4^th 1282, 1286).

Plaintiff’s counsel shall appear at the hearing prepared to address the service issue and whether it can be cured.

Motion to Compel Responses to Special Interrogatories Set One – Bridget Bellingar, D.O., P.A.

The unopposed Motion to Compel Defendant Bellingar P.A. to provide verified responses, without objection, to Plaintiff’s Special Interrogatories Set One (ROA No. 40) is GRANTED pursuant to CCP section 2030.290.

Defendant Bellingar P.A. is ordered to provide verified responses, without objections, to Plaintiff’s Special Interrogatories, Set One, within 10 days of notice of this order. (CCP §2030.290(b)). Additionally, Defendant Bellingar P.A. is ordered to pay sanctions to Plaintiff, in the amount of $560.00, within 30 days of notice of this order. (CCP §§ 2030.290(c), 2023.030(a) and 2023.010(d)).

Plaintiff served Defendant with Special Interrogatories, Set One on March 24, 2022, via email. (Da Costa Decl. ¶2 and Exh. 1 [ROA No. 41]). As a result, responses were due on or before April 27, 2022. (See CCP §§ 2030.260(a), 1010.6(a)(4)(b)). Counsel for Plaintiff declares that, to date, no responses have been received. (Da Costa Decl. ¶4 [ROA No. 41]).

Thus, pursuant to CCP section 2030.290, Plaintiff is entitled to an order compelling Bellingar, P.A. to serve a verified response, without objections. Similarly, based on the above, Plaintiff is entitled to sanctions pursuant to CCP sections 2030.290(c), 2023.030(a) and 2023.010(d).

Plaintiff is ordered to give notice.