Judge Robert B. Broadbelt, Case Number: 23STCV12890, Date: 2024-08-19 Tentative Ruling

Judge: Robert B. Broadbelt, Case: 23STCV12890, Date: 2024-08-19 Tentative Ruling

The court has not considered the opposition papers because they were not filed and served at least nine court days before the hearing on this motion. (Code Civ. Proc., § 1005, subd. (b); Opp., pp. 1 [showing filing date to be August 8, 2024, only six court days before the hearing on this motion], 109 [proof of service of opposition papers on August 8, 2024, only six court days before hearing on this motion].)

Plaintiff Levi Beanway (“Plaintiff”) moves the court for an order compelling defendant FCA US LLC (“Defendant”) to serve responses, without objections, to Plaintiff’s (1) Form Interrogatories, Set One, (2) Special Interrogatories, Set One, (3) Requests for Admission, Set One, and (4) Requests for Production of Documents, Set One.

If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling response to the interrogatories.¿ (Code Civ. Proc., § 2030.290, subd. (b).)¿¿ Similarly, if a party to whom a demand for inspection is directed fails to serve a timely response, the party making the demand may move for an order compelling response to the demand.¿ (Code Civ. Proc., §¿2031.300, subd. (b).)¿¿

Plaintiff electronically served Defendant with Plaintiff’s Form Interrogatories, Set One, Special Interrogatories, Set One, and Requests for Production of Documents, Set One, on September 5, 2023. (Bedwan Decl., Ex. 1, pp. 15 [proof of service of Special Interrogatories], 24 [proof of service of Form Interrogatories], 46 [proof of service of Requests for Production].) Defendant did not serve timely responses and had not served responses as of the date that Plaintiff filed this motion on December 13, 2023. (Bedwan Decl., ¶¶ 4-5, 7.) Defendant did not file and serve opposition papers within the time required by Code of Civil Procedure section 1005, subdivision (b), and therefore has not shown that it has since served responses.

Thus, the court finds that Plaintiff is entitled to an order compelling Defendant to serve responses, without objections, to Plaintiff’s discovery, and therefore grants Plaintiff’s motion to compel Defendant to serve responses to their Form Interrogatories, Special Interrogatories, and Requests for Production.

The court acknowledges that Plaintiff also requests an order compelling Defendant to serve responses to their Requests for Admission, Set One, and has presented evidence showing that (1) Plaintiff electronically served Defendant with their Requests for Admission, Set One, on September 5, 2023, and (2) Defendant did not serve responses to that discovery. (Notice of Mot., p. i:3-8; Bedwan Decl., Ex. 1, p. 31 [proof of service of Requests for Admission]; Bedwan Decl., ¶¶ 4-5, 7.) However, Code of Civil Procedure section 2033.280 does not authorize the court to issue an order compelling Defendant to serve responses to Requests for Admissions based on its failure to serve timely responses. Instead, section 2033.280 provides that, if a party to whom requests for admission are directed fails to serve a timely response, the court shall enter an order, upon motion by the propounding party, “that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted,” unless the court finds that the party to whom the requests for admission are directed has served, before the hearing on the motion, a proposed response that is in substantial compliance with section 2033.220. (Code Civ. Proc., § 2033.280, subds. (b), (c).) Plaintiff did not move for this relief in their motion.

Thus, the court denies Plaintiff’s request that the court issue an order compelling Defendant to serve responses, without objections, to Plaintiff’s Requests for Admission.

The court grants in part plaintiff Levi Beanway’s motion to compel responses to set one of discovery as follows.

Pursuant to Code of Civil Procedure section 2030.290, the court orders defendant FCA US LLC to serve on plaintiff Levi Beanway full and complete verified answers, without objections, (1) to plaintiff Levi Beanway’s Special Interrogatories, Set One, and (2) to plaintiff Levi Beanway’s Form Interrogatories, Set One, that comply with Code of Civil Procedure sections 2030.220-2030.250, within 20 days of the date of service of this order.

Pursuant to Code of Civil Procedure section 2031.300, the court orders defendant FCA US LLC (1) to serve on plaintiff Levi Beanway full and complete verified responses, without objections, to plaintiff Levi Beanway’s Requests for Production of Documents, Set One, that comply with Code of Civil Procedure sections 2031.210-2031.250, and (2) to produce to plaintiff Levi Beanway all documents and things in defendant FCA US LLC’s possession, custody, or control which are responsive to those requests, within 20 days of the date of service of this order.

The court denies all other relief requested in plaintiff Levi Beanway’s motion.

[1] The court notes that the Complaint in this action identifies the plaintiff to be “Levy Beanway,” but the motion identifies the plaintiff to be “Levi Beanway.” (Compl., pp. 1:13, 2:2; Notice of Mot., p. i:4-5.)

levy beanway ; Plaintiff, vs. fca us llc , et al.; Defendants.	Case No.:	23STCV12890

	Hearing Date:	August 19, 2024

	Time:	10:00 a.m.

	[tentative] Order RE: plaintiff’s motion to compel responses to set one of plaintiff’s discovery