Judge: Thomas D. Long, Case: 23STCV00943, Date: 2025-03-04 Tentative Ruling
Case Number: 23STCV00943 Hearing Date: March 4, 2025 Dept: 48
SUPERIOR
COURT OF THE STATE OF CALIFORNIA
FOR THE
COUNTY OF LOS ANGELES - CENTRAL DISTRICT
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VIDA BEJEMINO, Plaintiff, vs. CONNECTED CARE RESOURCES, INC., et al., Defendants. |
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[TENTATIVE] ORDER GRANTING MOTIONS TO COMPEL
DISCOVERY RESPONSES Dept. 48 8:30 a.m. March 4, 2025 |
On
January 17, 2023, Plaintiff Vida Bejemino filed this action against Defendant Connected
Care Resources, Inc.
On
March 20, 2024, Plaintiff propounded Request for Production of Documents and Special
Interrogatories on Defendant. (Panitz Decl.
¶ 3.) After receiving several extensions
of time, Defendant served unverified boilerplate objections on June 5, 2024. (Panitz Decl. ¶¶ 4-9.) “[C]aselaw provides that an unverified response
is tantamount to no response at all.” (Melendrez
v. Superior Court (2013) 215 Cal.App.4th 1343, 1348.)
On
August 21, 2024, Plaintiff filed two motions to compel discovery responses. Defendant did not file any oppositions.
Where
a party fails to serve timely responses to discovery requests, the court may make
an order compelling responses. (Code Civ.
Proc., §§ 2030.290 [interrogatories], 2031.300 [documents]; Healthcare Consulting, Inc. v. Pacific Healthcare
Consultants (2007) 148 Cal.App.4th 390, 403.) 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.,
§§ 2030.290, subd. (a), 2031.300, subd. (a).)
Defendant
filed no oppositions to these motions and did not serve timely verified responses. It does not appear that Defendant served verified
responses prior to the hearing.
Accordingly,
the motions are GRANTED. Defendant is ordered
to provide verified responses, without objections, to Plaintiff’s Request for Production
of Documents and Special Interrogatories within 30 days.
The
requests for sanctions are granted in part.
Defendant is ordered to pay total sanctions of $4,000.00 to Plaintiff 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 4th day of March 2025
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Hon. Thomas D. Long Judge of the Superior
Court |