Judge: Steven A. Ellis, Case: 20STCV43674, Date: 2024-01-16 Tentative Ruling

Case Number: 20STCV43674    Hearing Date: March 12, 2024    Dept: 29

Motion to Compel Initial Responses to Supplemental Requests
for Production

Tentative

The motion to compel is denied as moot.

The request for sanctions is denied.

Background

Plaintiff Tricia Pride (“Plaintiff”) alleges that she was
injured on August 11, 2019, when she slipped and fell at a Whole Foods Market
on Ventura Boulevard in Woodland Hills. 

On November 13, 2020, Plaintiff filed the Complaint in this
action, asserting causes of action for negligence and premises liability
against Whole Foods Market California, Inc., and Does 1 through 50.  On December 16, 2020, Plaintiff amended the Complaint
to name Mrs. Gooch’s Natural Food Markets, Inc. (“Defendant”) as Doe 1; on the
same day, Plaintiff filed a request to dismiss, without prejudice, Whole Foods
Market California, Inc.

On March 30, 2023, Defendant filed its Answer to the
Complaint.

On July 18, 2023, Defendant served Plaintiff with discovery,
including Supplemental Requests for Production of Documents.  (Bennett Decl., ¶¶ 3, 9 & Exh. A.)  Plaintiff did not respond.

On February 7, 2024, Defendant filed this motion to compel
Plaintiff to respond to the Supplemental Requests for Production.  Plaintiff did not oppose the motion.

At another hearing in this case on March 11, 2024, Defendant’s
counsel advised the Court that Plaintiff had provided responses to the
Supplemental Requests for Production after the motion was filed.

Legal Standard

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).)

Discussion

The motion to compel is denied as moot.  Plaintiff has provided the requested
responses.

The motion for sanctions is denied.  Code of Civil Procedure section 2031.300,
subdivision (c), authorizes
sanctions “against any party, person, or attorney who unsuccessfully makes or
opposes [a motion to compel].”  Here,
however, Plaintiff did not oppose the motion at all, much less unsuccessfully.

Moreover, as Justice
Moor recently wrote for the Court of Appeal, Code of Civil Procedure section
2023.030 does not “independently authorize the trial court to
impose monetary sanctions for misuse of discovery … without regard to any other
provision of the Discovery Act.”  (City
of Los Angeles v. PricewaterhouseCoopers, LLC (2022) 84 Cal.App.5th 466,
504.)  The Court is aware that the
California Supreme Court has granted review of the City of Los Angeles
case, but the order granting review, filed on January 25, 2023, states that
pending review, the appellate opinion “may be cited,” including “for its
persuasive value.”  The Court finds the
reasoning of Justice Moor to be persuasive.

Conclusion

The Court DENIES as moot the motion to compel Plaintiff to
respond to Defendant’s Supplemental Requests for Production.

The Court DENIES Defendant’s request for sanctions.

Moving party is ordered to give notice.