Judge: Steven A. Ellis, Case: 21STCV30664, Date: 2024-05-31 Tentative Ruling

Case Number: 21STCV30664    Hearing Date: May 31, 2024    Dept: 29

Motion to Compel Plaintiff to Respond to Requests for Production (Sets Two & Three) filed by Defendant Vanis Mikaelian.

Tentative

The motion is granted.

The request for sanctions is denied.

Background

On August 19, 2021, Daniel Romero Garcia (“Plaintiff”) filed a complaint against Vanis Mikaelian, Lyft Corporation, and Does 1 through 50 for negligence arising out of an automobile accident; the complaint identifies the date of the accident as August 22, 2021, which appears to be a typographical error (as it is two days after the complaint was filed).

On March 2, 2023, Lyft, Inc. (erroneously sued as Lyft Corporation) filed an answer. On April 26, 2023, Defendant Vanis Mikaelian (“Defendant”) filed an answer.

On February 15, 2024, Defendant served Plaintiff with Requests for Production (Set Two).  (Ross Decl., ¶ 3 & Exh. A.)  On March 8, 2034, Defendant served Plaintiff with Requests for Production (Set Three).  (Id., ¶ 5 & Exh. B.)  Plaintiff did not respond.  (Id., ¶ 9.)

On May 3, 2024, Defendant filed this motion to compel Plaintiff’s responses to Request for Production of Documents (Sets Two & Three).  Defendant also seeks sanctions.

No opposition has been 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).) 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).)

Discussion

As a preliminary matter, the Court notes that a memorandum of points and authorities regarding a trial continuance was attached – perhaps inadvertently – to the memorandum in support of this motion to compel.  No motion to continue trial is set for hearing in this matter, and so the Court will address any issue regarding trial scheduling.

As it relates to the motion to compel, Defendant served Plaintiff with Requests for Production (Set Two) and Requests for Production (Set Three). (Ross Decl., ¶¶ 3, 5 & Exhs. A, B.)  Plaintiff never responded to the discovery requests.  (Id., ¶ 9.)

Defendant need not show anything more.

The Court GRANTS Defendant’s motion to compel Plaintiff’s responses to Request for Production of Documents (Sets Two & Three).

Defendant’s requests for sanctions are DENIED.  The applicable statute, Code of Civil Procedure section 2031.300, subdivision (c), authorizes an award of sanctions against any party or attorney “who unsuccessfully makes or opposes” a motion to compel initial responses to requests for production.  Here, Plaintiff did not oppose the motion.

Conclusion

The Court GRANTS the motion to compel.

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

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

The Court DENIES Defendant’s request for sanctions.

Moving party is ORDERED to give notice.