Judge: Michael J. Strickroth, Case: 2020-01171326, Date: 2023-05-15 Tentative Ruling
Motion to Compel Answers to Form Interrogatories, Set One
Cross-Defendant Bailey Enterprises, LLC’s Motion to Compel Answer to Form Interrogatories, Set One, is GRANTED.
Code of Civil Procedure section 2030.290 states in part:
“If a party to whom interrogatories are directed fails to serve a timely response, the following rules apply:
(a) The 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 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 2030.210, 2030.220, 2030.230, and 2030.240.
(2) The party's failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect.”
Here, Cross-Defendant served written discovery to Cross-Complainant on 1/19/21. Movant’s counsel made several attempts to meet and confer before filing the motion. Cross-Complainant responded that they could not provide verified responses because the request for appointment of a guardian ad litem was pending, but the application for appointment of guardian ad litem was approved on 5/19/22. As of 11/1/22, no verified responses have been received by movant’s counsel.
Therefore, the motion is granted. Cross-Complainant shall provide verified responses, without objection, within 20 days of service of notice of this order.
Cross-Defendant’s request for sanctions against Cross-Complainant is granted in the amount of $740.00 for this motion.
Moving party to give notice.
Motion to Compel Answers to Special Interrogatories, Set One
Cross-Defendant’s Motion to Compel Answer to Special Interrogatories, Set One, is GRANTED for the reasons set out above as to Motion No. 1.
Cross-Complainant shall provide verified responses, without objection, within 20 days of service of notice of this order.
Cross-Defendant’s request for sanctions against Cross-Complainant is granted in the amount of $740.00 for this motion.
Moving party to give notice.
Motion to Compel Production
Cross-Defendant’s Motion to Compel Answers to Requests for Production, Set One 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).”
The motion is granted for the reasons set out above as to Motion No. 1.
Cross-Complainant shall provide verified responses and responsive documents, without objection, within 20 days of service of notice of this order.
Cross-Defendant’s request for sanctions against Cross-Complainant is granted in the amount of $740.00 for this motion.
Moving party to give notice.