Judge: Steven A. Ellis, Case: 22STCV29998, Date: 2024-06-24 Tentative Ruling

Case Number: 22STCV29998    Hearing Date: June 24, 2024    Dept: 29

Motion to Compel Shirian to Respond to Form Interrogatories
Motion to Compel Shirian to Respond to Special Interrogatories
Motion to Compel Shirian to Respond to Requests for Production of Documents

Tentative

The motions are granted.

Background

These two consolidated cases arise out of a motor vehicle accident on December 30, 2021, at or near the intersection of Saticoy Street and Canoga Avenue in Los Angeles.

In the lead case, Case No. 22STCV29998, Michelle Soto (“Soto”) filed a complaint on September 14. 2022, against Joseph Shirian (“Shirian”), Blas Alducin Dominguez (“Dominguez”), and Does 1 through 50, asserting causes of action for motor vehicle negligence and general negligence.

On September 29, 2022, Dominguez filed an answer and a cross-complaint against Shirian and Roes 1 through 10.

On December 14, 2022, Shirian filed an answer and a cross-complaint against Soto, Dominguez, Mariana Diazzamora (“Diazzamora”), and Roes 1 through 25.

In the second filed case, Case No. 22VECV02403, Shirian filed a complaint on December 14, 2022, against Soto, Dominguez, Diazzamora, and Does 1 through 50, asserting causes of action for motor vehicle negligence and general negligence.

On November 9, 2023, Dominguez and Diazzamora filed an answer and a cross-complaint against Shirian and Roes 1 through 25.

The two cases were related on July 28, 2023, and consolidated on May 7, 2024.

As it relates to the matters before the Court and set for hearing on June 24, 2024, Dominguez served Shirian with Form Interrogatories (Set One) on December 6, 2023, and on the same day Dominguez and Diazzamora served Shirian with Special Interrogatories (Set One) and Requests for Production (Set One).  (Goodwin Decls., ¶ 2 & Exhs. A.)  Notwithstanding a three-month extension of time, Shirian never responded to the discovery.  (Id., ¶¶ 3-4.)

On May 24, 2024, Dominguez filed these three motion to compel Shirian to respond to the discovery requests. 

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).) 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).)

In Chapter 7 of the Civil Discovery Act, Code of Civil Procedure section 2023.010, subdivision (d), defines “[m]isuses of the discovery process” to include “[f]ailing to respond to or to submit to an authorized method of discovery.”  Where a party or attorney has engaged in misuse of the discovery process, the court may impose a monetary sanction in the amount of “the reasonable expenses, including attorney’s fees, incurred by anyone as a result of that conduct.”  (Code Civ. Proc., § 2023.020, subd. (a).)

Discussion

Dominguez served Shirian with Form Interrogatories, Special Interrogatories, and Request for Production on December 6, 2023. (Goodwin Decls., ¶ 2 & Exhs. A.)  No responses have been received. (Id., ¶ 3, 4.)

Dominguez need not show anything more.

The motions to compel are GRANTED.

Dominguez does not request sanctions.

Conclusion

The Court GRANTS the motions to compel.

The Court ORDERS Shirian to serve verified, written, code compliant responses, without objection, to Dominguez’s Form Interrogatories (Set One) within 15 days of notice.

The Court ORDERS Shirian to serve verified, written, code compliant responses, without objection, to Dominguez’s Special Interrogatories (Set One) within 15 days of notice.

The Court ORDERS Shirian to serve verified, written, code compliant responses, without objection, to Dominguez’s Request for Production of Documents (Set One) within 15 days of notice.

Moving party is ORDERED to give notice.