SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

 

I. Background 

On December 8, 2022, Defendant Arash Farin (“Defendant”) propounded supplemental interrogatory on Plaintiff Matthew Davenport (“Plaintiff”). (Wang Decl. ¶ 4; Exh. A.) Responses were due on or before January 10, 2023. (Ibid.) After receiving no responses, defense counsel sent a letter to Plaintiff requesting responses be provided by February 1, 2023. (Id. at ¶ 5; Exh. B) Plaintiff did not respond. (Id. at ¶ 5.) To date, Plaintiff has not served responses. (Id. at ¶ 8.) Defendant now moves the Court for an order compelling Plaintiff to provide responses to the outstanding discovery and to pay sanctions. 

As of January 24, 2024, no opposition has been filed.  

 

II. Motion to Compel Supplemental Discovery 

A party may propound a supplemental interrogatory or supplemental demand for production of documents to elicit any later acquired information bearing on all answers previously made by any party.  (Code of Civ. Proc., §§ 2030.070, subd. (a), 2031.050, subd. (a).)  Where a party fails to serve timely responses to discovery requests, the court may make an order compelling responses.  (Code Civ. Proc., §§ 2030.290, 2031.300; Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.) There is no time limit for a motion to compel responses to interrogatories or production of documents other than the cut-off on hearing discovery motions 15 days before trial. (Code Civ. Proc., §§ 2024.020, subd. (a), 2030.290; Code Civ. Proc., § 2031.300.) No meet and confer efforts are required before filing a motion to compel responses to the discovery. (Code Civ. Proc., § 2030.290; Code Civ. Proc., § 2031.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 411.)   A party may propound a supplemental interrogatory or supplemental demand for production twice before the initial trial date, and subject to the time limits of discovery proceedings. (Code of Civ. Proc., §§ 2030.070, subd. (b), 2031.050, subd. (b).)  

Therefore, because the evidence shows Plaintiff was properly served with discovery and failed to respond, Defendant’s unopposed motion is GRANTED. Plaintiff is ordered to serve verified responses to Defendant’s supplemental interrogatory, set one, within fifteen (15) days.  

 

III. Sanctions 

Sanctions are mandatory against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response, unless a court makes certain findings.¿ (Code Civ. Proc., § 2030.290(c); §2031.300(c).)¿ Plaintiff did not file any opposition. However, sanctions may be awarded, even though no opposition was filed, pursuant to CRC 3.1348(a).   

Defendant is awarded 1 hour to prepare the motion to compel and one hour to appear at the hearing at the requested rate of $185 per hour, for a total of $370 in attorney fees. Further, Defendant is awarded one motion filing fee of $60, as costs. 

Sanctions are sought and imposed against Plaintiff and Plaintiff’s attorney of record.  Plaintiff and/or Plaintiff’s counsel are ordered to pay sanctions to Defendant, by and through counsel of record, in the total amount of $430, within fifteen (15) days. 

 

Moving party is ordered to give notice.