Judge: Olivia Rosales, Case: BC704205, Date: 2022-08-11 Tentative Ruling

Case Number: BC704205    Hearing Date: August 11, 2022    Dept: SEC

E.C. v. EAST WHITTIER SCHOOL DISTRICT

CASE NO.:  BC704205

HEARING:  08/11/22

JUDGE:  OLIVIA ROSALES

#5

TENTATIVE ORDER

     I.        Plaintiff’s Motion to Compel Defendant’s Responses to Special Interrogatories (set 5) is MOOT.

    II.        Plaintiff’s Motion to Compel Defendant’s Responses to Request for Production of Documents (set 4) is MOOT.

Defendant EAST WHITTIER SCHOOL DISTRICT to give Notice.

If a party to whom interrogatories and document demands are directed fails to respond at all, the propounding party’s remedy is to seek a court order compelling answer thereto. (CCP §§ 2030.290, 2031.300.) 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.

The Declaration of Babak Shirdel (attorney for Defendant East Whittier City School District), filed on August 9, 2022 states that “[o]n August 5, 2022 the District served verified responses without objection to plaintiff’s Special Interrogatories (Set 5) and Request for Production of Documents, Set 4, along with all responsive documents in the District’s possession, custody and control.” (Shirdel Decl., ¶2.)

The Motions are MOOT.

No sanctions are issued based on Attorney Shirdel’s representation, under penalty of perjury, that “[b]ased on his conversations with plaintiff’s counsel, plaintiff has agreed not to seek sanctions for his subject motions.” (Shirdel Decl., ¶3.)