Judge: Steven A. Ellis, Case: 23STCV22331, Date: 2024-10-11 Tentative Ruling

Case Number: 23STCV22331    Hearing Date: October 11, 2024    Dept: 29

Tenorio v. Mercado
23STCV22331
Defendants’ Motion to Compel Plaintiff to Respond to Form Interrogatories, Set One.
Defendants’ Motion to Compel Plaintiff to Respond to Requests for Production, Set One.

Tentative

The motions to compel are GRANTED.

Background

On September 15, 2023, Marcela Tenorio (“Plaintiff”) filed a complaint against Cristian Mercado and Does 1 through 10 for motor vehicle negligence and general negligence arising out of an automobile accident occurring on September 21, 2021.

On September 20, 2023, Plaintiff filed a First Amended Complaint (“FAC”) against Cristian Mercado, Tree Service Kings, Inc. (collectively “Defendants”), and Does 1 through 10.

On February 9, 2024, Defendants filed an answer to the FAC.

On September 13, 2024, Defendants filed these two motions to compel Plaintiff to respond to discovery.  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

Defendants served Plaintiff with Form Interrogatories (Set One) and Requests for Production (Set One) on July 11, 2024. (Morrow Decl., ¶ 3 & Exhs. A & B.) Plaintiff has not served any responses. (Id., ¶ 6.)

Defendants need not show anything more.

The motions to compel responses to discovery are granted.

Conclusion

The Court GRANTS Defendants’ motions to compel Plaintiff to respond to form interrogatories and requests for production.

The Court ORDERS Plaintiff Marcela Tenorio to serve written, code-compliant, verified responses, without objection, to Defendants’ Form Interrogatories (Set One) within 15 days of notice.

The Court ORDERS Plaintiff Marcela Tenorio to serve written, code-compliant, verified responses, without objection, to Defendants’ Requests for Production (Set One) within 15 days of notice.