Judge: Michael E. Whitaker, Case: 19STCV24544, Date: 2022-10-20 Tentative Ruling

Case Number: 19STCV24544    Hearing Date: October 20, 2022    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely (which is highly encouraged).  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

MOTIONS

            Defendant Aviva Gordon (Defendant) moves to compel responses from Plaintiff Karen Shane (Plaintiff) to: (1) Form Interrogatories, set one (FROG); (2) Special Interrogatories, set one (SROG); and Demand for Inspection and Production of Documents, set one (RPD).  Defendant seeks monetary sanctions in connection with the three motions.  Plaintiff has not filed oppositions to the motions.

ANALYSIS

Pursuant to Code of Civil Procedure section 2030.290, “[i]f a party to whom interrogatories are directed fails to serve a timely response . . . [t]he party to whom the interrogatories are directed waives any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or the protection for work product under Chapter 4 (commencing with Section 2018.010.  . . .   [and] The party propounding the interrogatories may move for an order compelling response to the interrogatories.”  (Code Civ. Proc., § 2030.290, subds. (a)-(b).)  

            Similarly, under Code of Civil Procedure section 2031.300, “[i]f 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 under Chapter 4 (commencing with Section 2018.010.  . . .   [and] The party making the demand may move for an order compelling response to the demand.  (Code Civ. Proc., § 2031.300, subds. (a)-(b).)  

Here, Defendant served the FROG, SROG and RPD on Plaintiff on October 22, 2021, electronically.  Plaintiff’s responses were thus due by November 24, 2021.  As of the filing date of the motions, Defendant has not received responses from Plaintiff.  Accordingly, the Court finds that Plaintiff has failed to serve timely responses to the FROG, SROG and RPD.

Defendant requests monetary sanctions in connection with the motions.  Per Code of Civil Procedure section 2023.040, “[a] request for a sanction shall, in the notice of the motion, identify every person, party, and attorney against whom the sanction is sought.” In Defendant’s notices of motion, Defendant states: “Pay within ten (10) days to Bretoi, Lutz, & Steele, attorneys of record for the moving party herein, the sum of $1,760.00.”  The language of the notices is deficient because it fails to identify who Defendant wishes the Court to order monetary sanctions against, as is required. (Code Civ. Proc., § 2023.040.)  Thus, the Court denies Defendant’s requests for monetary sanctions as procedurally deficient due to Defendant’s failure to give proper notice.

CONCLUSION AND ORDER

Therefore, the Court grants, in part, Defendant’s motion to compel responses to the FROG, SROG and RPD per Code of Civil Procedure sections 2030.290 and 2031.300, and orders Plaintiff to serve verified responses to the FROG, SROG and RPD, without objections, within 30 days of notice of the Court’s orders.

Defendant shall provide notice of the Court’s orders and file a proof of service of such.