Judge: Martha K. Gooding, Case: 21-01188340, Date: 2023-08-21 Tentative Ruling

Motion to Compel Production

The Court GRANTS the unopposed Motion by Plaintiffs Ha Truong and Hai Le (collectively, “Plaintiffs”) to compel Defendant Jamie Orduno-Flores (“Defendant”) to provide responses to Requests for Production of Documents, Set One. 

Defendant is ordered to provide responses, without objections, within 20 days of notice of this order, and to produce all responsive documents within 30 days of notice of this order.  Defendant also is ordered to pay Plaintiffs’ Counsel $502.50 in sanctions within 30 days of this Order.

Where there has been no timely response to a CCP section 2031.010 demand for documents, the demanding party may seek an order compelling a response. (CCP § 2031.300.)  No showing of “good cause” is required. (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2018) ¶ 8:1487.)  Moreover, where there has been a failure to respond, the moving party need not attempt to resolve the matter informally, through a meet and confer, before filing the motion. (See CCP § 2031.300.)

On February 24, 2023, Plaintiffs properly served Defendant electronically with Requests for Production of Documents, Set One. (Herrera Decl., ¶2, Ex. A). Defendant failed to serve responses or ask for an extension of time to respond. (Herrera Decl., ¶3).

Plaintiffs’ counsel attempted to call Defendant’s counsel on April 6, 2023, but could not reach either defense counsel or any employee or representative of defense counsel’s office. (Herrera Decl., ¶4). Plaintiffs’ counsel then sent a meet and confer letter to Defendant’s counsel on April 6, 2023, requesting that Defendant provide his responses to Plaintiffs’ Form Interrogatories, Set One, without objection, by April 16, 2023 (Herrera Decl., ¶5). To date, Plaintiffs have received no response to their Meet and Confer Letter (Herrera Decl., ¶6).

The Motion is therefore granted.

Plaintiffs are ordered to give notice.