Judge: Serena R. Murillo, Case: 21STCV17103, Date: 2022-08-18 Tentative Ruling

Case Number: 21STCV17103    Hearing Date: August 18, 2022    Dept: 29

TENTATIVE

Defendant Rudy Felix Macias’ motions to compel verified responses to form interrogatories, special interrogatories, and request for production of documents are GRANTED. Plaintiff Roxanne Roberts is ordered to provide verified responses to the request for discovery 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).) 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. 

Discussion

On September 8, 2021, Defendant served Form Interrogatories (Set One), Special Interrogatories (Set One), and Request for Identification and Production of Documents (Set One), on Plaintiff Roxanne Roberts. (Sheedy Decl., ¶ 3; Exh. A.) Responses were due on October 11, 2021. After not receiving responses, Defendant granted Plaintiff an extension to respond to the discovery, with responses due on December 8, 2021. (Id., ¶ 6; Exh. B.) After numerous extensions, Plaintiff had still not sent responses to the discovery. (Id., Exhs. C-G.) As of the filing of this motion, Plaintiff has failed to serve responses. (Id. at ¶ 13.)

As Defendant has properly served the discovery requests, and Plaintiff has not provided any responses, the motions to compel Plaintiff’s responses are granted. The Court finds Defendant is entitled to a court order directing Plaintiff to serve verified responses without objections to the discovery requests.

Conclusion

Accordingly, Defendant’s motions to compel verified responses to form interrogatories, special interrogatories, and request for production of documents are GRANTED. Plaintiff Roxanne Roberts is ordered to provide verified responses to the request for discovery within 30 days of this order.

Moving party is ordered to give notice.