Judge: Steven A. Ellis, Case: 21STCV16652, Date: 2024-05-21 Tentative Ruling
Case Number: 21STCV16652 Hearing Date: May 21, 2024 Dept: 29
Motion to Compel Plaintiff to Respond to Form
Interrogatories (Set One), Special Interrogatories (Set One), and Demand for
Production of Documents (Set One), filed by Defendant Michael Close, D.C.
Tentative
The motion is granted.
The request for sanctions is denied.
Background
On May 3, 2021, Scott
McKee (“Plaintiff”) filed a complaint against Michael Close, D.C.
(“Defendant”), Chiropractic Health and Wellness Center, and Does 1 to 50 for
medical negligence arising from an injury sustained on November 6, 2019. Defendant filed an answer to the complaint on
June 7, 2023.
Also on June 7, 2023, Defendant served
Plaintiff with written discovery, including Form Interrogatories (Set One), Special
Interrogatories (Set One), and Requests for Production (Set One). (Trobough Decl., ¶¶ 2, 5 & Exhs. A-C.) Despite requesting and receiving two
extensions of time, Plaintiff did not respond.
(Id., ¶¶ 6-7, 16.)
On January 26, 2024, Defendant filed
this motion to compel. 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).)
Discussion
Defendant served Plaintiff with Form
Interrogatories (Set One), Special Interrogatories (Set One), and Requests for
Production (Set One) on June 7, 2023. (Trobough
Decl., ¶¶ 2, 5 & Exhs. A-C.) Plaintiff
did not respond. (Id., ¶¶ 7, 16.)
Defendant
need not show anything more. The motion
to compel is granted.
Defendant’s request for sanctions is
DENIED. 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.) The applicable statutes, in
turn, authorize sanctions only against a party, person, 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 file an
opposition. Therefore, no sanctions are authorized.
Conclusion
The Court GRANTS Defendant’s motion to compel.
The Court ORDERS Plaintiff to serve
written, verified, code compliant responses, without objection, to Defendant’s Form
Interrogatories (Set One) within 21 days of notice.
The Court ORDERS Plaintiff to serve
written, verified, code compliant responses, without objection, to Defendant’s Special
Interrogatories
(Set One) within 21 days of notice.
The Court ORDERS Plaintiff to serve
written, verified, code compliant responses, without objection, to Defendant’s Requests
for Production (Set One) within 21 days of notice.
The Court DENIES Defendant’s request for sanctions.
Moving party is
ORDERED to give notice.