Judge: Steven A. Ellis, Case: 22STCV12463, Date: 2024-05-20 Tentative Ruling

Case Number: 22STCV12463    Hearing Date: May 20, 2024    Dept: 29

Defendant’s Motion to Compel Plaintiff to Respond to Form Interrogatories (Set One)
Defendant’s Motion to Compel Plaintiff to Respond to Special Interrogatories (Set One)
Defendant’s Motion to Compel Plaintiff to Respond to Requests for Production (Set One)

Tentative

The motions are granted.

Background

On April 13, 2022, Hector Castillo (“Plaintiff”) filed a complaint against Kaifa Best (“Defendant”) and Does 1 through 10, asserting causes of action for negligence, negligence per se, and statutory liability arising out of a motor vehicle accident occurring on April 13, 2020. On January 8, 2024, Defendant filed an answer to the complaint.

On January 5, 2024, Defendant propounded written discovery on Plaintiff, including Form Interrogatories (Set One), Special Interrogatories (Set One), and Requests for Production (Set One). (Prager Decls., ¶ 2 & Exhs. A.)  Plaintiff did not respond.  (Id., ¶ 5.)

On April 4, 2024, Defendant filed these three motions to compel. Defendant also seeks 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).)

Discussion

Defendant served Plaintiff with Form Interrogatories (Set One), Special Interrogatories (Set One), and Requests for Production (Set One) on January 5, 2024. (Prager Decls., ¶ 2 & Exhs. A.)  Plaintiff has not served responses.  (Id., ¶ 5.)

Defendant need not show anything more.  The motions to compel are granted.

The requests for sanctions are denied. 

Code of Civil Procedure section 2023.030 does not provide an independent basis to award sanctions; to the contrary, that statute states that 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 statutory provisions governing motions to compel initial responses authorize sanctions against any party, person, or attorney who unsuccessfully makes or opposes [the motion].” (Code Civ. Proc., §§ 2030.290, subd. (c) & 2031.300, subd. (c).)  Here, Plaintiff did not file an opposition.

Conclusion

The Court GRANTS Defendant’s motions to compel.

The Court ORDERS Plaintiff to serve verified, written, code compliant responses, without objections, to Defendant’s Form Interrogatories (Set One) within 21 days of notice.

The Court ORDERS Plaintiff to serve verified, written, code compliant responses, without objections, to Defendant’s Special Interrogatories (Set One) within 21 days of notice.

The Court ORDERS Plaintiff to serve verified, written, code compliant responses, without objections, 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.