Judge: Steven A. Ellis, Case: 21STCV04494, Date: 2025-03-07 Tentative Ruling

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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: 21STCV04494    Hearing Date: March 7, 2025    Dept: 29

Siregar v. Ardern
21STCV04494
Defendant’s Motion to Compel Plaintiff to Respond to Supplemental Interrogatories (Set One)
Defendant’s Motion to Compel Plaintiff to Respond to Supplemental Requests for Production (Set One)

Tentative

The motions to compel are granted.

The requests for sanctions are denied.

Background

On February 4, 2021, Marcus Siregar (“Plaintiff”) filed a complaint against Michael Ardern, Avis Rent A Car System, LLC, and Does 1 through 50 for negligence arising out of a vehicle accident on February 16, 2019.

On August 22, 2023, Avis Rent A Car System, LLC on behalf of Michael Arden (“Defendant”) filed an answer.

On January 30, 2025, Defendant filed these two discovery motions seeking orders compelling Plaintiff to respond to Supplemental Interrogatories (Set One) and Supplemental Requests for Production (Set One).  Defendant also seeks monetary sanctions.

No opposition has been filed.

Legal Standard

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).)

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).)

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., § 2023.030, subd. (a).)

Discussion

On November 7, 2024, Defendant served Plaintiff with Supplemental Interrogatories (Set One) and Supplemental Requests for Production (Set One). (Rubin Decls., ¶ 5 & Exhs. A.)  Plaintiff did not respond.  (Id., ¶¶ 6-8.)

Defendant need show nothing more.  The motions to compel are granted.

The requests for sanctions are denied. 

In the chapters of the Civil Discovery Act governing motions to compel initial responses to interrogatories and requests for production, the Legislature has authorized sanctions against a party or attorney “who unsuccessfully makes or opposes” a motion to compel.  (Code Civ. Proc., § 2030.290, subd. (c) & 2031.300, subd. (c).)  Here, Plaintiff did not oppose either motion.

Conclusion

The Court GRANTS Defendant’s motions to compel.

The Court ORDERS Plaintiff Marcus Siregar to provide verified, code compliant responses, without objection to Defendant’s Supplemental Interrogatories (Set One) within 10 days of notice.

The Court ORDERS Plaintiff Marcus Siregar to provide verified, code compliant responses, without objection to Defendant’s Supplemental Requests for Production (Set One) within 10 days of notice.

The Court DENIES Defendant’s requests for sanctions.

Moving party is ORDERED to give notice.