Judge: Theodore R. Howard, Case: 22-1254580, Date: 2023-08-31 Tentative Ruling

Before the Court are two discovery motions.  In the first motion, plaintiff Sarah Cline seeks an order compelling defendant United Automotive Group, Inc. to provide answers to Requests for Production of Documents, Set One.  In the second motion, plaintiff seeks an order compelling defendant to provide answers to Special Interrogatories, Set One.  Both motions are GRANTED.

Plaintiff establishes that she served Requests for Production, Set One, and Special Interrogatories, Set One, on 9/12/22 and that Defendant has failed to respond.  (Starr Decl. at ¶¶2-3 and Exh. 1)  Given Defendant’s complete lack of response to Plaintiff’s first set of special interrogatories and requests for production, Plaintiff is entitled to orders compelling responses to the special interrogatories and requests for production, without objections. (CCP §§ 2030.290 and 2031.260.)

However, no sanctions will be ordered against the Defendant because no sanctions were requested in the Notice of Motion.  CCP §2023.040 requires that “A request for a sanctions shall, in the notice of motion, identify every person, party, and attorney against whom the sanction is sought, and specify the type of sanction sought.”

Accordingly, both motions are GRANTED and defendant United Automotive Group, Inc. is ordered to provide answers, without objection to Requests for Production of Documents, Set One and Special Interrogatories, Set One, and to produce documents, within 21 days.

Counsel for moving party is ordered to give notice of this ruling.