Judge: Michelle C. Kim, Case: 20STCV29301, Date: 2024-02-13 Tentative Ruling

Case Number: 20STCV29301    Hearing Date: February 13, 2024    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

MARITZA SANDOVA, 

Plaintiff(s),  

vs. 

 

CECILIA WAI YEE SIU, ET AL., 

 

Defendant(s). 

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      CASE NO: 20STCV29301 

 

[TENTATIVE] ORDER RE: DEFENDANT’S MOTIONS TO COMPEL RESPONSES TO SUPPLEMENTAL DISCOVERY 

 

   

Dept. 31 

1:30 p.m.  

February 13, 2024 

 

I. Background 

On December 14, 2022, defendant Cecilia Wai Yee Siu (“Defendant”) propounded set one of supplemental interrogatory and supplemental demand for production of documents (RPDs”) on plaintiff Maritza Sandova (“Plaintiff”). (Reader Decl. 2; Exh. A.) There have been no requests for extensions and Plaintiff has not served responses. (Id. at 4.) Defendant now moves the Court for an order compelling Plaintiff to provide responses to the outstanding discovery and to pay sanctions. 

As of January 31, 2024, no oppositions have 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 motions are GRANTED. Plaintiff is ordered to serve verified responses to Defendant’s supplemental interrogatory and supplemental RPDs, within twenty (20) 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 $225 total in attorney’s fees for both motions to compel. Further, Defendant is awarded two motion filing fees of $60, for a total of $120, 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 $345, within twenty (20) days. 

 

Moving party is ordered to give notice.   

 

PLEASE TAKE NOTICE: 

  • Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement. 

  • If a party intends to submit on this tentative ruling,¿the party must send an email to the court at¿sscdept31@lacourt.org¿with the Subject line “SUBMIT” followed by the case number.¿ The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.¿¿ 

  • Unless¿all¿parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.¿ You should assume that others may appear at the hearing to argue.¿¿ 

  • If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.¿ After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.¿ 

 

Dated this 9th day of February 2024 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court