Judge: Thomas D. Long, Case: 23STCV12130, Date: 2023-10-17 Tentative Ruling

Case Number: 23STCV12130    Hearing Date: January 30, 2024    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

DR. DAVID A. GEIGER,

                        Plaintiff,

            vs.

 

NATIONAL VETERINARY ASSOCIATES, INC., et al.,

 

                        Defendants.

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      CASE NO.: 23STCV12130

 

[TENTATIVE] ORDER GRANTING MOTION TO COMPEL DISCOVERY

 

Dept. 48

8:30 a.m.

January 30, 2024

 

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On May 30, 2023, Plaintiff Dr. David A. Geiger filed this action against Defendant Ethos-California Veterinary Group Inc.

On December 29, 2023, Defendant filed a motion to compel Plaintiff’s responses to Form Interrogatories - General, Set One; Form Interrogatories - Employment, Set One and Special Interrogatories, Set One.

When a party fails to serve timely responses to discovery requests, the court may make an order compelling responses.  (Code Civ. Proc., §§ 2030.290, 2031.300; 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).)  Sanctions shall be imposed against the party who unsuccessfully makes or opposes a motion to compel, unless the party acted with substantial justification or the sanction would otherwise be unjust.  (Code Civ. Proc., §§ 2030.290, subd. (c), 2031.300, subd. (c).)

Plaintiff did not serve responses to Defendant’s discovery and filed no opposition to this motion.

However, Plaintiff’s single motion seeks to compel production pursuant to three discovery requests.  Each category of discovery should have been filed as a separate motion.  Plaintiff is ordered to pay two additional filing fees.

Subject to the payment of the additional filing fees, the motion to compel is GRANTED.

Plaintiff is ordered to serve verified responses, without objection, to Defendant’s Form Interrogatories - General, Set One; Form Interrogatories - Employment, Set One and Special Interrogatories, Set One within 30 days.

The request for sanctions is granted.  Plaintiff’s counsel is ordered to pay sanctions of $2,685.00 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 30th day of January 2024

 

 

 

 

Hon. Thomas D. Long

Judge of the Superior Court