Judge: Theodore R. Howard, Case: 20-1168467, Date: 2022-09-15 Tentative Ruling

The motion by defendants Mazaya USA, LLC (“Mazaya”) and Alzawrae Industrial Company dba Mazaya Tobacco (“AIC”) (together “defendants”) to compel responses from plaintiff Rose ML (“plaintiff”) to form interrogatories (“FROGS”), special interrogatories (“SROGS”), requests for admission (“RFAS”) and requests for production of documents (“RFPS”), Set One, is GRANTED IN PART.

Defendants move under CCP §§2030.260, 2031.260 and 2033.250(a) on the grounds that plaintiff failed to serve any responses to all sets of discovery at issue.

Plaintiff argues that the discovery is oppressive, and defendant did not attach a declaration for additional discovery. When a party fails to serve a timely response, as plaintiff did here, that objection is waived. (See CCP §§2030.030(c)) and 2030.290(a)).

Plaintiff could have moved for a protective order as well (CCP §2030.090), but it is too late to do so now.

Defendants’ request for an order that the documents attached to the RFAS be deemed admitted is DENIED. This relief was not sought in the Notice of Motion.  (See CRC Rules 3.1110(a) and 3.1112(d)) The purpose of the notice requirements is to compel the moving party to sufficiently define the issues for the information and attention of the adverse party and the court. (Kinda v. Carpenter (2016) 247 Cal.App.4th 1268, 1277). The notice must state exactly what relief is sought and why. (See Weil & Brown (The Rutter Group 2022) Cal. Prac. Guide: Civ. Pro. Before Trial §9:38).  The court generally cannot grant relief which is different or relief on different grounds from that stated in the Notice of Motion. (Id.)

Plaintiff is ordered to serve verified, code-compliant responses to the first sets of FROGS, SROGS, RFAS and RFPS propounded by the moving defendants within 15 days. The request to deem documents attached to the RFAS admitted is DENIED.

Sanctions

Plaintiff ROSE ML and its counsel are ordered to pay reasonable sanctions in the amount of $1000 to moving defendants within 60 days.

Defendants to give Notice of Ruling.