Judge: Serena R. Murillo, Case: 20STCV15518, Date: 2023-04-18 Tentative Ruling

Case Number: 20STCV15518    Hearing Date: April 18, 2023    Dept: 29

TENTATIVE

Defendant Francisco Jose Maisch’s Motion for an Order Compelling Response to Demand for Production of Documents is GRANTED. Plaintiff Brad Bello is ordered to provide objection-free, code compliant, verified responses within twenty (20) days of the date of this order.

Legal Standard

A party upon whom a demand for the production of documents has been made has 30 days after service of the demand to respond. (CCP § 2031.260(a).) The propounding and responding parties may agree to extend the time for response. (Id. § 2031.270(a).) When a party fails to serve a timely response, the propounding party’s remedy is to seek a motion to compel response. (CCP § 2031.300(b).) A responding party that does not provide responses waives the right to object to the demand, including objections based on privilege or work product. (Id. § 2031.300(a).)

Discussion

The Court finds that Defendant has adequately proven he is entitled to an order compelling responses to his demand for production of documents served on Plaintiff on January 14, 2022. Defendant served the requests on January 14, 2022. (Cohen Decl., ¶ 2, Ex. A.) Defendant gave Plaintiff multiple extensions to respond to those requests, even up until August 17, 2022. (Cohen Decl., ¶¶ 3-4.) Nevertheless, Plaintiff has failed to provide any responses. (Cohen Decl., ¶ 5.) Plaintiff has not opposed the motion or provided any evidence to controvert Defendant’s arguments. Accordingly, the Court grants Plaintiff’s motion.

The Court also notes that Defendant has not requested monetary sanctions and therefore will not impose sanctions.

Conclusion

Accordingly, the Court GRANTS Defendant’s Motion for an Order Compelling Response to Demand for Production of Documents. Plaintiff is ordered to provide objection-free, code compliant, verified responses within twenty (20) days of the date of this order.

Defendant is ordered to give notice.