Judge: Martha K. Gooding, Case: 22-01241414, Date: 2023-06-12 Tentative Ruling

Motion to Compel Production

Plaintiff John Madrous (“Plaintiff”) seeks an order compelling Defendant General Motors LLC (“Defendant”) to provide further responses and responses under oath to Plaintiff’s first set of Document Requests, Nos. 1 through 40. 

The Court finds Defendant’s verification sufficient.

The parties do not dispute that Plaintiff served the requests at issue by mail on 2/16/2022, that Defendant electronically served responses that included both objections and substantive responses to the inspection requests on 5/6/2022, and that Defendant electronically served a verification for the responses on 9/13/2022.  (Le Decl., ¶¶ 3, 6, and 8, Exhibits 1, 2, and d; Shugart Decl., ¶¶ 2, 14, and 17.) 

Plaintiff contends Defendant granted Plaintiff an extension until 4/13/2023 to file this motion; however, Plaintiff did not show this agreement was memorialized in writing.  (Le Decl., ¶ 17.) (Code Civ. Proc., § 2031.310, subd. (c); Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410 [The 45-day limitation to compel further responses to a request for production is jurisdictional and if the moving party does not comply with the 45-day limitation, the Court is “without authority to rule on motions to compel other than to deny them.”].)   

It is not clear to the Court that it has jurisdiction to decide this Motion on the merits.  The parties shall appear at the hearing and address this issue.  

Defendant is ordered to give notice.