Judge: Thomas D. Long, Case: 22STCV29035, Date: 2024-03-14 Tentative Ruling

Case Number: 22STCV29035    Hearing Date: March 14, 2024    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On March 22, 2023, Defendant Mathilde Rosa Barry (as personal representative of the Estate of Francisco Edgardo Paredes) served Plaintiff Orloff & Associates APC with Requests for Production, Set One.  (Schiller Decl. ¶ 2.)  Plaintiff did not timely respond.  (Schiller Decl. ¶ 3.)  On May 18, 2023, Plaintiff served written responses, but it did not produce any documents.  (Schiller Decl. ¶ 4.)

On June 29, 2023, Defendant filed a motion to compel further responses to RFP Nos. 3-14, 17-28, 31-32, 35-39, 42-43.  Plaintiff did not file any opposition.

A party may move to compel a further response to a demand for production of documents if the demanding party deems that the statement of compliance with the demand is incomplete; the representation of inability to comply is inadequate, incomplete, or evasive; or an objection in the response is without merit or too general.  (Code Civ. Proc., § 2031.310, subd. (a).)  A party that fails to serve timely responses waives any objections to the request, including ones based on privilege or the protection of attorney work product.  (Code Civ. Proc., § 2031.300, subd. (a).)

Plaintiff did not timely serve its initial responses, so it has waived all objections.  Plaintiff also did not file any opposition to this motion.

Accordingly, the motion is GRANTED.  Plaintiff is ordered to produce verified supplemental responses, without objections, to RFP Nos. 3-14, 17-28, 31-32, 35-39, 42-43 of Defendant’s Requests for Production, Set One within 30 days.

The request for sanctions is also granted.  Plaintiff’s counsel is ordered to pay sanctions of $3,660.00 to Defendant within 30 days.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

         Dated this 14th day of March 2023