Judge: Richard Y. Lee, Case: 30-2020-01161064, Date: 2022-09-29 Tentative Ruling

Defendants and Cross Complainants Savient Financial, Inc. and Darrell Burns (“Defendants”) filed a Motion to Compel Further Responses to Request Nos. 2, 13, 14, 15, 19, 24, 42, 43, 44, 47, 48, and 60. 

Defendants withdrew their motion as to Request for Production Nos. 42, 43, 44, 47, 48, and 60 as Plaintiff provided supplemental responses.  Thus, the motion is MOOT as to those requests.

The motion is DENIED as to Request for Production Nos. 2, 13, 14, 15, 19, and 24 as the motion and supporting documents were untimely filed.  Pursuant to Code of Civil Procedure section 1010:  “Notices must be in writing, and the notice of a motion, other than for a new trial, must state when, and the grounds upon which it will be made, and the papers, if any, upon which it is to be based. If any such paper has not previously been served upon the party to be notified and was not filed by him, a copy of such paper must accompany the notice. Notices and other papers may be served upon the party or attorney in the manner prescribed in this chapter, when not otherwise provided by this code. No bill of exceptions, notice of appeal, or other notice or paper, other than amendments to the pleadings, or an amended pleading, need be served upon any party whose default has been duly entered or who has not appeared in the action or proceeding.”  (Code Civ. Proc., § 1010 [emphasis added].)

Accordingly, Defendants were required to serve the supporting papers with the notice of motion by the parties’ stipulated date to compel further responses, which was July 5, 2022.  Moreover, the agreement between the parties addressed the deadline to file “discovery motions” rather than merely a “notice of motion.”  (ROA # 219, Declaration of Jay Stocker, ¶ 16, Ex. L.) 

In addition, the local Local Rules of this court require that “[a]ll moving papers in support of the motion (e.g., notice, memorandum of points and authorities, separate statement, declarations, exhibits, etc.) shall be filed within 24 hours of the reservation, or the reservation will be cancelled.”

As such, the motion is DENIED as untimely.

The court DENIES Defendants’ request for sanctions and GRANTS Plaintiff’s request for sanctions in the amount of $1,200, which is due within 30 days of the notice of ruling.  (Code Civ. Proc., § 2031.310, subd. (h).)

Plaintiff to provide notice.