Judge: Serena R. Murillo, Case: 21STCV03357, Date: 2023-09-28 Tentative Ruling

Case Number: 21STCV03357    Hearing Date: October 3, 2023    Dept: 31

TENTATIVE

Defendant’s motions to compel Plaintiff to provide responses to form interrogatories and requests for production for documents are GRANTED. Plaintiff is ordered to provide responses without objection to Defendant’s request for form interrogatories and request for production within 30 days. Defendant’s request for sanctions is DENIED.

Legal Standard

Compel Interrogatories

If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetary sanction.  (Code Civ. Proc., § 2030.290, subd. (b).) The statute contains no time limit for a motion to compel where no responses have been served. All that need be shown in the moving papers is that a set of interrogatories was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served.  (Leach v. Superior Court (1980) 111 Cal.App.3d 902, 905–906.)

Compel RPDs 

Where there has been no timely response to a demand for the production of documents, the demanding party may seek an order compelling a response.  (Code Civ. Proc. § 2031.300(b).)  Failure to timely respond waives all objections, including privilege and work product.  (Code Civ. Proc. § 2031.300(a).)  Thus, unless the party to whom the demand was directed obtains relief from waiver, he or she cannot raise objections to the documents demanded.  There is no deadline for a motion to compel responses.  Likewise, for failure to respond, the moving party need not attempt to resolve the matter outside court before filing the motion. 

Sanctions

Sanctions are mandatory in connection with motions to compel responses to interrogatories and requests for production of documents against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel unless the court “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(c), 2031.300(c).) 

Under CCP section 2023.030(a), “[t]he court may impose a monetary sanction ordering that one engaging in the misuse of the discovery process, or any attorney advising that conduct, or both pay the reasonable expenses, including attorney’s fees, incurred by anyone as a result of that conduct. . . . If a monetary sanction is authorized by any provision of this title, the court shall impose that sanction 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.”  Failing to respond or to submit to an authorized method of discovery is a misuse of the discovery process.  (Code Civ. Proc. § 2023.010.) 

Discussion

On July 1, 2022, Defendant propounded Form Interrogatories, Set One, and Request for Production of Documents, Set One on plaintiff. (Powell Decl., ¶ 4; Exhs A.) Plaintiff’s responses to defendant’s discovery were due no later than August 2, 2022. Responses were never received. Thereafter, on December 8, 2022, counsel for defendant wrote a letter to counsel for plaintiff indicating that responses to the discovery were due on August 2, 2022 and that therefore objections had been waived. (Id., ¶ 5; Exh. B.) Multiple extensions to respond were provided. As of the date of the filing of this Motion, defendant has still not received any discovery responses from plaintiff. (Id., ¶ 8.)

As Defendant properly served discovery requests and Plaintiff failed to serve responses, the Court finds Defendant is entitled to a court order directing Plaintiff to provide verified responses without objections to the discovery requests served on Plaintiff.  Therefore, the motions are granted.

As for sanctions, Defendant has not identified who it seeks sanctions against in the notice of motion. (CCP section 2023.040.) Thus, sanctions cannot be awarded.

Conclusion

Defendant’s motions to compel Plaintiff to provide responses to form interrogatories and requests for production for documents are GRANTED. Plaintiff is ordered to provide responses without objection to Defendant’s request for form interrogatories and request for production within 30 days. Defendant’s request for sanctions is DENIED.

Moving party is ordered to give notice.