Judge: Richard Y. Lee, Case: 30-2021-01234187, Date: 2022-10-20 Tentative Ruling

Defendant Alison Wilhelm moves to compel responses to Special Interrogatories, Set One, Form Interrogatories, Set One, and Requests for Production, Set One from Plaintiff Renu Avinaash Maddi.

Pursuant to Code of Civil Procedure sections 2030.290 and 2031.300, a party who fails to serve timely responses to interrogatories and requests for production waives any objection to the interrogatories.  (Code Civ. Proc., §§ 2030.290, subd. (a) and 2031.300, subd. (a).)  The party propounding the interrogatories and requests for production may move for an order compelling responses to the discovery.  (Code Civ. Proc., §§ 2030.290, subd. (b) and 2031.300, subd. (b).) 

“Unlike a motion to compel further responses, a motion to compel responses is not subject to a 45–day time limit, and the propounding party does not have to demonstrate either good cause or that it satisfied a ‘meet and confer’ requirement.”  (Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 404.)

Monetary sanctions are mandatory against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response to interrogatories and requests for production, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.  (Code Civ. Proc., §§ 2030.290, subd. (c) and 2031.300, subd. (c).) 

Here, the special interrogatories, form interrogatories, and requests for production at issue were served on February 28, 2022 and responses were due on April 1, 2022.  (ROA # 28, 29, and 30, Kimberly Maxwell Declaration, ¶ .)  Although not required, Defendant sent meet and confer correspondence regarding the discovery at issue on May 24, 2022 and June 23, 2022.  No responses to the discovery at issue have been received.

As such, the motions to compel responses to Special Interrogatories, Set One, Form Interrogatories, Set One, and Requests for Production, Set One from Plaintiff Renu Avinaash Maddi are GRANTED.  (Code Civ. Proc., §§ 2030.290, subd. (a) and 2031.300, subd. (b).) 

Plaintiff Renu Avinaash Maddi is ORDERED to provide verified responses without objections to Special Interrogatories, Set One, Form Interrogatories, Set One, and Requests for Production, Set One within 30 days of the notice of ruling.

Defendant’s requests for sanctions are GRANTED in the amount of $560 for each of the three motions for a grand total of $1,680, which is due within 30 days of the notice of ruling.  (Code Civ. Proc., §§ 2030.290, subd. (c) and 2031.300, subd. (c).) 

Prevailing party to give notice.