Judge: Steven A. Ellis, Case: 19STCV38804, Date: 2024-06-03 Tentative Ruling

DEPARTMENT 29 - LAW AND MOTION RULINGS IMPORTANT  (PLEASE SEND YOUR E-MAIL TO DEPT. 29 NOT DEPT. 2)

Communicating with the Court Staff re the Tentative Ruling 1. Please notify the courtroom staff by email not later than 9:30 a.m. on the day of the hearing if you wish to submit on the tentative ruling rather than argue the motion. The email address is SSCDEPT29@lacourt.org. Please do not use any other email address. 2. You must include the other parties on the email by "cc." 3. Include the word "SUBMISSION" in all caps in the Subject line and include your name, contact information, the case number, and the party you represent in the body of the email. If you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the motions. THE COURT WILL HEAR ARGUMENT UNLESS BOTH SIDES SUBMIT ON THE TENTATIVE.  4. Include the words "SUBMISSION BUT WILL APPEAR" if you submit, but one or both parties will nevertheless appear. 5. For other communications with Court Staff a. OFF-CALENDAR should appear in all caps in the Subject line where all parties have agreed to have a matter placed off-calendar. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) date of proceeding. b. CASE SETTLED should appear in all caps in the Subject line where all parties have agreed that the case has settled for all purposes. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) whether notice of settlement/dismissal documents have been filed; (c) if (b) has not been done, a date one year from the date of your email which will be a date set by the court for an OSC for dismissal of the case. c. STIPULATION should appear in all caps in the Subject line where all parties have stipulated that a matter before the court can be postponed. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) what proceeding is agreed to be postponed e.g. Trial, FSC; (c) the agreed-upon future date; (d) whether all parties waive notice if the Court informs all counsel/parties that the agreed-upon date is satisfactory. This communication should be used only for matters that are agreed to be postponed and not for orders shortening time. 6. PLEASE MAKE SURE THAT ALL COMMUNICATIONS WITH COURT STAFF DEAL ONLY WITH SCHEDULING AND ADMINISTRATIVE MATTERS AND DO NOT DISCUSS THE MERITS OF ANY CASE. (UPDATED 6/17/2020) 
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ALSO NOTE:  If the moving party does not contact the court to submit on the tentative and does not appear (either remotely or in person), the motion will be taken off calendar.  THE TENTATIVE RULING WILL NOT BE THE ORDER OF THE COURT.

Case Number: 19STCV38804    Hearing Date: June 3, 2024    Dept: 29

Defendants’ Motion to Compel Plaintiff to Respond to Supplemental Interrogatories (Set One)

Defendants’ Motion to Compel Plaintiff to Respond to Supplemental Request for Production (Set One)

Tentative

The motions are granted.

The requests for sanctions are denied.

Background

On October 30, 2019, Sherleen Hudson (“Plaintiff”) filed a complaint against Mona Alcala and Carlos Alcala for negligence cause of action arising out of motor vehicle accident occurring on October 30, 2017. On May 26, 2021, Defendant Mona Mahdara Alcala filed an answer. On February 14, 2022, Defendant Carlos Alcala filed an answer.

On May 6, 2024, Defendants Mona Mahdara Alcala and Carlos Alcala (collectively “Defendants”) filed these motions to compel Plaintiff to respond to Supplemental Interrogatories and Supplemental Demand for Inspection for Production of Documents.

No opposition has been filed.

Legal Standard

“In addition to the number of interrogatories permitted by Sections 2030.030 and 2030.040, a party may propound a supplemental interrogatory to elicit any later acquired information bearing on all answers previously made by any party in response to interrogatories.” (Code Civ. Proc., § 2030.070, subd. (a).)

A party must respond to interrogatories within 30 days after service. (Code Civ. Proc., § 2030.260, subd.(a).) If a party to whom interrogatories are directed does not provide a timely response, the propounding party may move for an order compelling response to the interrogatories. (Id., § 2030.290, subd. (b).) There is no time limit for a motion to compel initial responses, and no meet and confer efforts are required. (See id., § 2030.290; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 411.) Nor must a separate statement be filed. (Cal. Rules of Court, rule 3.1345(b)(1).)  In addition, a party who fails to provide a timely response generally waives all objections.  (Code Civ. Proc., § 2030.290, subd. (a).)

When a party moves to compel initial responses to interrogatories, “the court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes [the motion], 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.”  (Code Civ. Proc., § 2030.290, subd. (c).)

“In addition to the demands for inspection, copying, testing, or sampling permitted by this chapter, a party may propound a supplemental demand to inspect, copy, test, or sample any later acquired or discovered documents, tangible things, land or other property, or electronically stored information in the possession, custody, or control of the party on whom the demand is made.” (Code Civ. Proc., § 2031.050, subd. (a).)

A party must respond to requests for production of documents within 30 days after service. (Code Civ. Proc., § 2031.260, subd.(a).) If a party to whom requests for production of documents are directed does not provide timely responses, the requesting party may move for an order compelling response to the demand. (Id., § 2031.300, subd. (b).) There is no time limit for a motion to compel initial responses, and no meet and confer efforts are required. (See id., § 2031.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 411.) Nor must a separate statement be filed. (Cal. Rules of Court, rule 3.1345(b)(1).)  In addition, a party who fails to provide a timely response generally waives all objections.  (Code Civ. Proc., § 2031.300, subd. (a).)

When a party moves to compel initial responses to requests for production, “the court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes [the motion], 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.”  (Code Civ. Proc., § 2031.300, subd. (c).) Requests for admission may be propounded on a party without leave of court 10 days after the service of the summons on, or appearance by that party, whichever occurs first. (Code Civ. Proc., § 2033.020(b).)

In Chapter 7 of the Civil Discovery Act, Code of Civil Procedure section 2023.010, subdivision (d), defines “[m]isuses of the discovery process” to include “[f]ailing to respond to or to submit to an authorized method of discovery.”  Where a party or attorney has engaged in misuse of the discovery process, the court may impose a monetary sanction in the amount of “the reasonable expenses, including attorney’s fees, incurred by anyone as a result of that conduct.”  (Code Civ. Proc., § 2023.020, subd. (a).)

Discussion

On February 15, 2024, Defendants propounded Supplemental Interrogatories (Set One) and Supplemental Demand for Inspection and Production of Documents (Set One) on Plaintiff. (Schmeckpeper Decls., ¶ 2.)  Defendants have yet to receive Plaintiff’s responses. (Motion for Supplemental Interrogatories, Schmeckpeper Decl., ¶ 4; Motion for Supplemental Demand, Schmeckpeper Decl., ¶ 5.)

Defendants need show nothing more.

The Court GRANTS Defendants’ motions to compel Plaintiff’s responses to Supplemental Interrogatories and Supplemental Demand for Inspection and Production of Documents.

Defendants’ requests for sanctions are DENIED.  The applicable statutes authorize the imposition of sanctions against a party or counsel who “unsuccessfully makes or opposes” a motion to compel initial responses.  (Code Civ. Proc., §§ 2030.290, subd. (c) & 2031.300, subd. (c).)  Plaintiff has not opposed the motion.

Code of Civil Procedure section 2023.030, subdivision (a), does not provide an independent basis to award sanctions; the sanctions award must be “authorized by the chapter governing any particular discovery method or any other provision of this title.”  (Code Civ. Proc., § 2023.030.) 

Conclusion

The Court GRANTS the motions to compel.

The Court ORDERS Plaintiff to serve verified, written, code compliant responses, without objections, to Defendants’ Supplemental Interrogatories within 14 days of notice.

The Court ORDERS Plaintiff to serve verified, written, code compliant responses, without objections, to Defendants’ Supplemental Demand for Inspection and Production of Documents within 14 days of notice.

The Court DENIES Defendants’ request for sanctions.

Moving party is ORDERED to give notice.