Judge: Michael J. Strickroth, Case: 2019-01112270, Date: 2022-07-25 Tentative Ruling
Motion to Compel Answers to Special Interrogatories
Cross-Complainant Medline Management Corporation’s (Medline) motion to compel responses to its Special Interrogatories, Set Two, to Cross-Defendant 20100 Alameda Property Co. II, L.P. (Alameda) is DENIED as MOOT. However, sanctions are awarded to Moving Party consistent with the ruling on the companion motion.
On 4/8/22, the parties filed a stipulation to continue the hearing date of the motion, which stated the following at paragraph C:
“Alameda has since served responses, without objections to the interrogatories. However, the parties are meeting and conferring regarding the adequacy of such responses. Further, Alameda has not yet served responses to Cross-Complainants’ request for production of documents or responsive documents. Counsel for Cross-Complainants and Alameda recently conferred and Alameda’s counsel has made a proposal intended to resolve the issues raised in the Discovery Motions. If no resolution is reached, it is Alameda’s intention to file a motion for relief from its failure to file timely objections to the document request.”
Because Alameda has served responses, without objections, the motion is moot as to the request to compel responses to special interrogatories, set two. However, the Court will grant Medline’s request for monetary sanctions in conjunction with the motion to compel responses to requests for production, discussed below.
Motion to Compel Production
Cross-Complainant Medline Management Corporation’s motion to compel responses to Request for Production of Documents, Set Two to Cross-Defendant 20100 Alameda Property Co. II is GRANTED.
Code of Civil Procedure section 2031.300 states in part,
“If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it, the following rules shall apply:
(a) The 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). The court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied:
(1) The party has subsequently served a response that is in substantial compliance with Sections 2031.210, 2031.220, 2031.230, 2031.240, and 2031.280.
(2) The party's failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect.
(b) The party making the demand may move for an order compelling response to the demand.
(c) Except as provided in subdivision (d), the court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response to a demand for inspection, copying, testing, or sampling, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. If a party then fails to obey the order compelling a response, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction under Chapter 7 (commencing with Section 2023.010). In lieu of or in addition to this sanction, the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010).”
According to the stipulation filed on 4/8/22, Alameda had not served responses to Medline’s requests for production which were served on 12/17/21. Therefore, Alameda waived any objection to the demand.
Alameda shall serve responses to Medline’s requests for production, set two, without objections, and produce responsive documents within twenty (20) days of service of notice of this order.
Alameda has not filed a timely opposition or shown that it acted with substantial justification in opposing the motion. Therefore, under Code of Civil Procedure section 2031.300(c), Medline’s request for monetary sanctions against Alameda is granted in the total amount of $2,025.00 for both discovery motions.
Moving party Cross-Complainant Medline to give notice for both motions.