Judge: Maurice A. Leiter, Case: 20STCV38480, Date: 2022-09-22 Tentative Ruling

Case Number: 20STCV38480    Hearing Date: September 22, 2022    Dept: 54

Hearing Date: September 22, 2022

Department 54, Judge Maurice A. Leiter

(3) Motions to Compel Responses to Discovery;

Motion to Compel Deposition

Moving Party: Plaintiffs Rachel Fagen and Emanuel Sotomayor

Responding Party: None

T/R:  PLAINTIFFS’ MOTIONS ARE GRANTED.

DEFENDANT TO APPEAR FOR DEPOSITION AND SERVE VERIFIED RESPONSES TO THE SUBJECT DISCOVERY, WITHOUT OBJECTION, WITHIN 10 DAYS OF NOTICE OF RULING.

PLAINTIFFS TO NOTICE.

If the parties wish to submit on the tentative, please email the courtroom at¿SMCdept54@lacourt.org¿with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing

            The Court considers the moving papers. No oppositions have been received.

A. Motions to Compel Responses to Discovery

“If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it. . .  [t]he party to whom the demand for inspection, copying, testing, or sampling is directed waives any objection to the demand, including one based on privilege or on the protection for work product. . . .  The party making the demand may move for an order compelling response to the demand.”  (CCP § 2031.300(a)–(b).) When timely responses to interrogatories are not received, “[t]he party propounding the interrogatories may move for an order compelling response to the interrogatories.”  (CCP § 2030.290(b).)

Plaintiffs move to compel verified responses to FIs, SIs and RPDs from Defendant Sandoval. Plaintiffs served discovery on March 15, 2022. Defendant served unverified responses on April 18, 2022. As of the filing of these motions, Plaintiffs have not received verified responses. Defendant does not oppose this motion to show otherwise. Plaintiffs’ motions are GRANTED.

B. Motion to Compel Deposition

“If, after service of a deposition notice, a party to the action … without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice.”  (CCP § 2025.450(a).)

Plaintiffs move to compel Defendant’s deposition. Plaintiffs served the notice for deposition on April 29, 2022 with a deposition date of May 17, 2022. Defendant did not appear for deposition on May 17, 2022. Plaintiffs’ motion to compel deposition is GRANTED.