SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

 

I. Motion to Compel¿ 

Defendant Burlington Coat Factory of Texas, Inc. (“Defendant”) propounded form interrogatories, set one, on Plaintiff Anzhela Ordyan (“Plaintiff”) on October 21, 2022.  (Decl. Nelson ¶ 5; Exh. B.) Plaintiff’s responses were due on or before November 22, 2022. After failing to serve responses, Plaintiff’s counsel requested an extension up and until January 10, 2023, which defense counsel granted provided responses were without objections. Defense counsel granted Plaintiff’s counsel’s continuous requests for extensions, with the last deadline being March 1, 2023. As of the filing of the motion, Plaintiff has not server responses. Defendant therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions. Any opposition was due on or before September 22, 2023; no opposition was filed. 

For a motion to compel discovery responses, all a propounding party must show is that it properly served its discovery requests, that the time to respond has expired, and that the party to whom the requests were directed failed to provide a timely response. (See Leach v. Superior Court (1980) 111 Cal.App.3d 902, 905-906.) Where a party fails to serve timely responses to discovery requests, the court may make an order compelling responses.  (Code Civ. Proc., § 2030.290, subd. (b).)  A party that fails to serve timely responses waives any objections to the request, including ones based on privilege or the protection of attorney work product. (Code Civ. Proc., § 2030.290, subd. (a).)    

Therefore, because the evidence shows Plaintiff was properly served with discovery and failed to respond, and Plaintiff has not filed any opposition demonstrating otherwise, Defendant’s motion is GRANTED. Plaintiff is ordered to serve verified responses to Defendant’s form interrogatories, set one, without objections, within fifteen (15) days. (CCP §§ 2030.290(a),(b).) 

 

II. Sanctions¿ 

Defendant requests sanctions in the amount of $1,310.00 for the motion to compel. A request for a sanction shall, in the notice of motion, identify every person, party, and attorney against whom the sanction is sought, and specify the type of sanction sought. The notice of motion shall be supported by a memorandum of points and authorities, and accompanied by a declaration setting forth facts supporting the amount of any monetary sanction sought. (CCP §2023.040.) 

Defendant’s Notice does not comply with CCP §2023.040, because Defendant fails to identify the party and/or attorney against whom sanctions are sought, and fails to specify the type of sanction. The request for sanctions is therefore DENIED.