Judge: Steven A. Ellis, Case: 23STCV05839, Date: 2025-04-16 Tentative Ruling

Case Number: 23STCV05839    Hearing Date: April 16, 2025    Dept: 29

Blackburn v. 4600 Sunset Boulevard, Inc.
23STCV05839
Plaintiff’s Motion to Compel Defendant 4600 Sunset Blvd., Inc. to Respond to Special Interrogatories (Set One)
Plaintiff’s Motion to Compel Defendant 4600 Sunset Blvd., Inc. to Respond to Requests for Production (Set One)

Tentative

The motions to compel are granted.

The requests for sanctions are denied.

Background

On March 16, 2023, Asia Blackburn (“Plaintiff”) filed a complaint against 4600 Sunset Blvd., Inc. (“4600 Sunset”), Black Shadow III, LLC (“Black Shadow”), Patrick Fuentes (“Fuentes”), Robert Derian (“Derian”), and Does 1 through 50 for negligence and battery arising out of an incident on September 19, 2021 in which Plaintiff alleges that she was pepper sprayed, entered into Hollywood Boulevard, and was struck by a motor vehicle.

On May 11, 2023, 4600 Sunset and Derian filed an answer and also filed a cross-complaint against Black Shadow, Fuentes, Desi Wilson (“Wilson”), and Does 1 through 50.

On August 23, 2023, Black Shadow filed an answer to Plaintiff’s complaint, and Black Shadow and Wilson filed an answer to the cross-complaint.  Black Shadow and Wilson also filed their own cross-complaint against 4600 Sunset, Derian, and Does 1 through 50.

On August 29, 2024, Plaintiff amended her complaint to name Rhino’s Executive, Inc. as Doe 1.

On March 24, 2025, Plaintiff filed these two discovery motions: (1) Motion to Compel 4600 Sunset to Respond to Special Interrogatories (Set One); and (2) Motion to Compel 4600 Sunset to Respond to Requests for Production (Set One).  In both motions, Plaintiff 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).)

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

Motion to Compel Special Interrogatories

On May 15, 2023, Plaintiff served 4600 Sunset with Special Interrogatories (Set One) and Requests for Production (Set One). (Sweet Decls. ¶ 2 & Exhs. A.)  Defendant 4600 Sunset served an unverified set of responses to the special interrogatories and did not serve any response at all to the requests for production.  (Id. ¶¶ 3 & 6 & Exh. B.)

Plaintiff need show nothing more.

Defendant 4600 Sunset must respond to discovery, and interrogatory responses must be verified.

The motions are granted.

The requests for sanctions are denied.  In the chapters of the Civil Discovery Act governing interrogatories and requests for production, the Legislature has authorized sanctions in the context of a motion to compel initial responses “against any party, person, or attorney who unsuccessfully makes or opposes” the motion to compel.  (Code Civ. Proc., § 2030.290, subd. (c) & § 2031.300, subd. (c).) Here, however, Defendant has not opposed the motion.

Conclusion

The Court GRANTS Plaintiff’s motions to compel.

The Court ORDERS Defendant 4600 Sunset Blvd., Inc. to serve written, code-complaint, verified responses, to Plaintiff’s Special Interrogatories (Set One) within 15 days of notice.

The Court ORDERS Defendant 4600 Sunset Blvd., Inc. to serve written, code-complaint, verified responses, without objection, to Plaintiff’s Requests for Production (Set One) within 15 days of notice.

The Court DENIES Plaintiff’s requests for sanctions.

Moving party is ORDERED to give notice.