Superior Court of California 

County of Los Angeles 

Department 78 

¿ 

 

I. BACKGROUND 

Plaintiff Camille Brooks (“Plaintiff”) served on defendant FCA US LLC (“Defendant”) request for production of documents (“RPDs”), set one, on April 1, 2024. (Parzivand Decl. ¶ 4; Exh. 1.) On May 8, 2024, Defendant served unverified discovery responses to the RPDs, set one, in addition to a link containing no documents. (Id. ¶¶ 5-6.) The parties discussed the issue, signed a protective order regarding production, and Defendant served verifications on June 24, 2024. (Id. ¶¶ 7-14.) However, to date, Defendant has not provided any of the referenced documents. (Id. ¶ 15.) 

Any opposition was due on or before July 30, 2024. No opposition has been filed to date. 

  

II. DISCUSSSION 

For a motion to compel initial 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; 2031.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.) 

A failure to oppose a motion may be deemed a consent to the granting of the motion.  (CRC, Rule 8.54(c).) Defendant has not opposed the motion demonstrating that the documents referred to in its responses to Plaintiff’s RFP, set one, have been made available to Plaintiff to date. 

 

III. CONCLUSION 

Plaintiff’s motion to compel RPDs, set one, is GRANTED. Defendant is ordered to serve responsive documents as referenced in its responses to Plaintiff’s RFP, set one, within ten (10) days of this Order (CCP § 2031.300(a),(b).) 

 

Moving Party is ordered to give notice. 

 

DATED: August 9, 2024 

__________________________ 

Hon. Michelle C. Kim 

Judge of the Superior Court 

 

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 SMCDEPT78@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.