Judge: Thomas D. Long, Case: 24STCV07468, Date: 2024-11-26 Tentative Ruling

Case Number: 24STCV07468    Hearing Date: November 26, 2024    Dept: 48

 

 

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

AMRAN NOORZAY, et al.,

                        Plaintiffs,

            vs.

 

KIA AMERICA, INC.,

 

                        Defendant.

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      CASE NO.: 24STCV07468

 

[TENTATIVE] ORDER GRANTING DEFENDANTS’ MOTIONS TO COMPEL RESPONSES TO INTERROGATORIES

 

Dept. 48

8:30 a.m.

November 26, 2024

 

On March 25, 2024, Plaintiffs Amran Noorzay and Ahmad Ibrahimi filed this action against Defendant Kia America Inc.

On September 20, 2024, Defendant served Special Interrogatories, Set Two.  Plaintiffs did not serve responses.  Plaintiffs later agreed to a two-week extension on Defendant's motion to compel filing deadline, extending the deadline to November 7, 2024.

On October 30, 2024, Defendant filed motions to compel Plaintiffs’ responses to Special Interrogatories, Set Two.

Where 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).)

Plaintiffs’ counsel served responses to Special Interrogatories, Set Two on November 8, 2024.  (Lee Decl. ¶ 7.)  However, the responses are not verified.  (Lee Decl., Ex. 1; Reply at p. 2.)  “Unsworn responses are tantamount to no responses at all.”  (Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636.)

Accordingly, the motions are GRANTED.

Plaintiffs are each ordered to provide verified responses, without objections, to Interrogatories, Set Two within 30 days.

The request for sanctions is denied.

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 26th day of November 2024

 

 

 

 

Hon. Thomas D. Long

Judge of the Superior Court