Judge: Richard Y. Lee, Case: 30-2021-01234929, Date: 2023-06-15 Tentative Ruling

Plaintiff Raymond Benedict Drda (“Plaintiff”) moves to compel responses to Requests for Production, Set One from (1) Defendant Margaret Drda and (2) Defendant Elizabeth Drda pursuant to Code of Civil Procedure section 2031.300.

Pursuant to Code of Civil Procedure section 2031.300, a party who fails to serve timely responses to requests for production waives any objection to the requests.  (Code Civ. Proc., § 2031.300, subd. (a).)  The party propounding the requests for production may move for an order compelling responses to the discovery.  (Code Civ. Proc., § 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 responses to requests for production, unless the court finds that the one subject to the sanctions acted with substantial justification or that other circumstances make the imposition of the sanctions unjust.  (Code Civ. Proc., § 2031.300, subd. (c).) 

Here, the discovery at issue was served on each Defendant on December 12, 2022.  The responses were originally due January 11, 2023 but in consideration of the holidays, Plaintiff extended the deadline to January 30, 2023.  To date, Plaintiff has not received Defendants’ responses to the Requests for Production, Set One propounded on (1) Defendant Margaret Drda and (2) Defendant Elizabeth Drda.  Defendants did not oppose the Motions.

Accordingly, the unopposed (1) Motion to Compel Defendant Margaret Drda to Answer Requested for Production of Documents, Set One and (2) Motion to Compel Defendant Margaret Drda to Answer Requested for Production of Documents, Set One are GRANTED.  Defendants shall serve verified responses without objections within 30 days of the notice of ruling.

The requests for sanctions are GRANTED in the requested amount of $750 per motion, which is due to Plaintiff within 30 days of the notice of ruling.

Plaintiff to give notice.