Judge: Steven A. Ellis, Case: 22STCV05210, Date: 2023-10-25 Tentative Ruling
Case Number: 22STCV05210 Hearing Date: October 26, 2023 Dept: 29
TENTATIVE
The two motions to
compel are granted.
Background
On February 10,
2022, Plaintiff Albert Knowles (“Plaintiff”) filed a complaint against
Defendants Daniel Lu, M.D., The Regents of the University of California (“UC”)
and Does 1 through 20, asserting a cause of action for general negligence.
On June 9 and
August 21, 2023, Defendants UC and Lu filed answers to the complaint.
On June 21, 2023,
UC served discovery on Plaintiff, including Form Interrogatories (Set One) and
Special Interrogatories (Set One).
(Wysocky Decls., ¶ 3 & Exhs. A.)
As of the date of filing of this motion, Plaintiff had not served responses
to the discovery requests. (Id.,
¶ 4.)
On August 31,
2023, UC filed these two motions to compel Plaintiff to respond to the
discovery requests. No opposition has
been filed.
The Court is aware
that a separate discovery motion in this matter was heard on October 25.
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).)
Discussion
On June 21, 2023,
UC served Plaintiff with Form Interrogatories (Set One) and Special Interrogatories
(Set One). (Wysocky Decls., ¶ 3 &
Exhs. A.) Plaintiff has not served a
response. (Id., ¶ 4.)
UC need show
nothing more. Its motions to compel are GRANTED.
Conclusion
The Court GRANTS UC’s motions
to compel.
Plaintiff is ORDERED to
provide verified, code-compliant, written responses, without objections, to UC’s
Form Interrogatories (Set One) and Special Interrogatories (Set One) within 30 days of the notice of this order.
Moving party is ordered to give notice.