Judge: Steven A. Ellis, Case: 22STCV20863, Date: 2023-12-05 Tentative Ruling

Case Number: 22STCV20863    Hearing Date: March 5, 2024    Dept: 29

Defendant’s Motion to Compel Plaintiff Chavez to Respond to Special Interrogatories (Set One)

Defendant’s Motion to Compel Plaintiff Harrison to Respond to Form Interrogatories (Set One)

Defendant’s Motion to Compel Plaintiff Harrison to Respond to Special Interrogatories (Set One)

Defendant’s Motion to Compel Plaintiff Harrison to Respond to Requests for Production (Set One)

Tentative

The motions to compel are granted.

The requests for sanctions are denied.

Background

On June 27, 2022, Plaintiffs Jennifer Chavez and Johnish Harrison (collectively “Plaintiffs”) filed their complaint against Defendants Jacqueline Tuggle, Keishia Caldwell, and Does 1 through 50, asserting a cause of action for negligence arising out of a vehicle accident on June 27, 2020.

On October 30, 2023, Defendant Jacqueline Tuggle (“Defendant”) filed her answer to the complaint.  On December 27, 2023, Defendant filed a cross-complaint for indemnity and contribution against Plaintiff Chavez and Roes 1 through 25.

On October 31, 2023, Defendant served Plaintiffs with discovery, including (1) Form Interrogatories (Set One) to Plaintiff Harrison; (2) Special Interrogatories (Set One) to Plaintiff Harrison; (3) Special Interrogatories (Set One) to Plaintiff Chavez; and (4) Requests for Production (Set One) to Plaintiff Harrison.  (Goodwin Decls., ¶ 2 & Exhs. A.)  No responses were received.  (Id., ¶ 4.)

On January 4, 2024, Defendant filed these four motions, seeking to compel Plaintiffs to provide initial responses to these discovery requests.  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 Plaintiffs with discovery on October 31, 2023, including special interrogatories to both Plaintiffs plus form interrogatories and requests for production to Plaintiff Harrison.  (Goodwin Decls., ¶ 2 & Exhs A.)  Plaintiffs have not responded.  (Id., ¶ 4.)

Defendant need not show anything more.  Defendant’s four motions to compel are GRANTED.

Defendant’s requests for sanctions are DENIED.  Code of Civil Procedure section 2030.090, subdivision (c), and section 2031.300, subdivision (c), authorize an award of sanctions against a party or attorney “who unsuccessfully makes or opposes” a motion to compel, but here Plaintiff has not opposed the motion.  Sections 2023.010 and 2023.030 “do not independently authorize the trial court to impose monetary sanctions for misuse of discovery … without regard to any other provision of the Discovery Act.” (City of Los Angeles v. PricewaterhouseCoopers, LLC (2022) 84 Cal.App.5th 466, 504.)  (The Court is aware that the California Supreme Court has granted review of the City of Los Angeles case.  The order granting review, filed on January 25, 2023, states that pending review, the appellate opinion “may be cited,” including “for its persuasive value.”  The Court finds the reasoning of Justice Moor in the City of Los Angeles opinion to be persuasive.)

Conclusion

The Court GRANTS Defendant’s motions to compel.

The Court ORDERS Plaintiff Harrison to serve code complaint, written responses, without objection, to Defendant’s Form Interrogatories (Set One), Special Interrogatories (Set One), and Requests for Production (Set One), within 21 days of notice.

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

Defendant’s requests for sanctions are denied.

Moving party is ORDERED to give notice.