Judge Olivia Rosales, Case 20STCV08517 2022-10-06 Tentative Ruling

Judge: Olivia Rosales, Case: 20STCV08517, Date: 2022-10-06 Tentative Ruling

Case Number: 20STCV08517 Hearing Date: October 6, 2022 Dept: SEC

TAN v. SUPERPRINT LITHOGRAPHICS, INC.

CASE NO.: 20STCV08517

HEARING: 10/06/22

TENTATIVE ORDER

Defendant’s unopposed Motion to Compel Plaintiff XISHI TAN’s Responses to Special Interrogatories (set two) is GRANTED.

Moving Party to give Notice.

No Opposition filed as of October 4, 2022.

If a party to whom interrogatories are directed fails to respond at all, the propounding party’s remedy is to seek a court order compelling answers thereto. (CCP § 2030.290.) All that needs to be shown is that the discovery was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served. The moving party is not required to show a reasonable and good faith attempt to resolve the matter informally before filing this motion. A motion to compel initial discovery responses need not show good cause, meeting and conferring, or timely filing, and need not be accompanied by a separate statement. (See Sinaiko Healthcare Consulting, Inc. v. Pac. Healthcare Consultants (2007) 148 Cal.App.4th 390, 404.) The failure to timely respond also waives all objections.

Here, Defendant has shown that Special Interrogatories (set two) were properly served onto Plaintiff XISHI TAN (“Plaintiff”) on February 16, 2022. The deadline to respond has expired, and no responses of any kind have been provided. Plaintiff filed this Motion on April 21, 2022 — over two months after service of the discovery. As of October 4, 2022, no Opposition has been filed to the subject Motion.

Therefore, the Motion to Compel is GRANTED, and Plaintiff XISHI TAN is ORDERED to provide verified responses, without objection by no later than 30 days from date of the Court’s issuance of this Order. This date may be extended by stipulation of the parties. If any objections are asserted, it will be tantamount to no response at all and will be deemed a violation of this Court’s order.

Sanctions may be awarded against a party who fails to oppose a motion to compel. (C.R.C 3.1348(a).). Plaintiff failed to submit an Opposition to the instant Motion. As such, there is nothing to show that she acted with substantial justification and the Court knows of no other circumstances which would make the imposition of sanctions unjust.

Defendant’s requests for sanctions is GRANTED in the amount requested. Plaintiff XISHI TAN and her counsel of record are ORDERED to pay Defendant and its counsel of record sanctions in the amount of $1,035.00 no later than 60 days from the Court’s issuance of this Order. This date may be extended per agreement of the parties.