Judge Serena R. Murillo, Case 21STCV05242 2023-04-20 Tentative Ruling

Judge: Serena R. Murillo, Case: 21STCV05242, Date: 2023-04-20 Tentative Ruling

Case Number: 21STCV05242 Hearing Date: April 20, 2023 Dept: 29

TENTATIVE

Defendant Alison Lara’s unopposed motions to compel responses to special interrogatories, supplemental interrogatories, and supplemental request for production of documents are GRANTED. Plaintiff Miguel Bermudez is ordered to provide full and complete answers to the Special Interrogatories, Supplemental Requests for Production of Documents and Supplemental Interrogatories without objections within 30 days.

Defendant’s request for sanctions is granted. Plaintiff Miguel Bermudez and counsel of record Ellen Levin and Tigran Martinian are ordered to pay sanctions in the amount of $584.95, jointly and severally, within 30 days of this order.

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).)

In addition to the limited number of interrogatories that may be propounded, a party may propound “a supplemental interrogatory” to obtain later-acquired information on¿matters covered¿by earlier interrogatories (but not on other topics). (Code Civ. Proc., § 2030.070(a).) 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.

A party may propound “a supplemental demand” to inspect, copy, test, or sample any later acquired or discovered documents, tangible things…. (Code Civ. Proc., § 2031.050.)

Such supplemental demands may be made 1)¿twice¿prior to initial setting of a trial date, and 2) subject to the discovery “cut-off” date (Code Civ. Proc., § 2024.010 et seq.), once¿after the initial setting of a trial date. (Code Civ. Proc., §§ 2031.050(b), 2030.070(b).) For good cause shown, the court may allow a party to propound¿additional¿supplemental demands for inspection. This allows for updating of previously requested information. (Code Civ. Proc., §§ 2031.050(c), 2030.070(b).)

Discussion

On March 16, 2022, Defendant propounded Special Interrogatories (set two), Supplemental Interrogatories, and Supplemental Request for Production of Documents to Plaintiff. (Sargsyan Decl. ¶ 3; Exh. A.) As of the time of filing the motion, no responses to the discovery requests were received. (Id., ¶ 5.)

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 full and complete answers to the Special Interrogatories, Supplemental Requests for Production of Documents, and Supplemental Requests for Interrogatories, without objections. Therefore, the motion is granted.

As the motions are granted, Defendant’s request for sanctions is also granted, Plaintiff has not provided any justification for failing to respond. However, the Court will reduce the amount imposed in sanctions due to the straightforward nature of the motions. Thus, the Court imposes sanctions against Plaintiff Miguel Bermudez and counsel of record Ellen Levin and Tigran Martinian in the amount of $584.95 ($200 per hour, for 2 hours, plus $184.95 in filing fees), jointly and severally, to be paid within 30 days of this order.

Conclusion

Accordingly, Defendant’s motions to compel responses to special interrogatories, supplemental interrogatories, and supplemental request for production of documents are GRANTED. Plaintiff is ordered to provide full and complete answers to the Special Interrogatories, Supplemental Requests for Production of Documents and Supplemental Interrogatories without objections within 30 days.

Moving party is ordered to give notice.