Judge: Steven A. Ellis, Case: 21STCV22761, Date: 2024-03-14 Tentative Ruling

Case Number: 21STCV22761    Hearing Date: March 14, 2024    Dept: 29

Motion to Compel Plaintiff’s Responses to Special Interrogatories (Set Two), and Requests for Production of Documents (Set Two) filed by Defendant Silfred Lopez Duarte.

Tentative

The motion is granted.

Background

On June 18, 2021, Plaintiff Juan Francisco Segura Barrientos (“Plaintiff”) filed a complaint against Silfred Lopez Duarte (“Defendant”), S.L.A.J Transport LLC, and Does 1 through 50, asserting causes of action for motor vehicle negligence and general negligence arising out of an accident that occurred on October 9, 2020, at or near the intersection of the 210 and 610 Freeways in Duarte.  Defendant filed an answer on November 18, 2022.

On November 30, 2023, Defendant served Plaintiff with discovery, including Special Interrogatories (Set Two), and Requests for Production of Documents (Set Two). (Lyon Decl., ¶¶ 4, 5 & Exhs. E-F.)  Plaintiff did not respond.  (Id., ¶¶ 6-7.)

On January 11, 2024, Defendant filed his motion to compel Plaintiff’s responses. 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).)

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).)

Discussion

Defendant served Plaintiff with discovery on November 30, 2023, including Special Interrogatories (Set Two), and Requests for Production of Documents (Set Two). (Lyon Decl., ¶¶ 4, 5 & Exhs. E-F.)  Plaintiff did not serve responses.  (Id., ¶¶ 6-7.)

Defendant need show nothing more. Defendant’s motion to compel is GRANTED.

Defendant does not seek sanctions.

Conclusion

Defendant’s motion to compel Plaintiff’s responses is GRANTED.

The Court ORDERS Plaintiff to serve verified, code-compliant, written responses, without objection, to Defendant’s Special Interrogatories (Set Two) within 14 days of notice.

The Court ORDERS Plaintiff to serve verified, code-compliant, written responses, without objection, to Defendant’s Requests for Production of Documents (Set Two) within 14 days of notice.

Moving party is ORDERED to give notice.