Judge: Yolanda Orozco, Case: 21STCV17851, Date: 2022-12-15 Tentative Ruling

Case Number: 21STCV17851    Hearing Date: December 15, 2022    Dept: 31

MOTIONS TO COMPEL FURTHER DISCOVERY RESPONSES ARE CONTINUED 

Legal Standard 

Under Code of Civil Procedure sections 2030.300(a) and 2031.310(a), parties may move for a further response to interrogatories, request for production and requests for admission where an answer to the requests are evasive or incomplete or where an objection is without merit or too general.¿¿ ¿ 

Notice of the motions must be given within 45 days of service of the verified response, otherwise, the propounding party waives any right to compel a further response. (Code Civ. Proc., §§ 2030.30 subd. (c); 2031.310 subd. (c).) The motions must also be accompanied by a meet and confer declaration. (Code Civ. Proc., §§ 2030.300 subd. (b); 2031.310 subd. (b).)¿¿¿¿ ¿ 

Finally, Cal. Rules of Court, Rule (CRC) 3.1345 requires that all motions or responses involving further discovery contain a separate statement with the text of each request, the response, and a statement of factual and legal reasons for compelling further responses. (Cal. Rules of Court, Rule 3.1345, subd. (a)(3)).¿ 

Discussion 

On September 13, 2022, Plaintiff filed four Motions to Compel further responses from Defendants Thermal Air and Canizalez to serve further responses to Form Interrogatory (FROG) No. 16.2 and Requests for Production of Documents (RPD) Nos. 4, 22, 23, 24, 34, 37, 38, 39, and 66. These motions were served on former counsel for Defendants, Leonard Brazil. 

On October 18, 2022 the Court issued an Order granting the motion to be relieved filed by counsel for Defendants. 

The Court notes that Plaintiff served a Notice of Non-Receipt of Any Opposition to the Motions to Compel to Thermal Air and Canizalez on December 8, 2022, by mail and electronic service. Defendants have not filed any opposition to the Motions. 

There is no evidence that Plaintiff subsequently served the Motions on Defendants after their counsel was relieved. Therefore, it is unclear if the Defendants had notice of Plaintiff’s motions to compel prior to or after Defense counsel was relieved as counsel for Defendants. 

Since the Defendants themselves were not served with notice of the motions, the Court cannot find that the meet and confer requirement has been met and that Defendants were aware that supplemental discovery responses were due. 

For the stated reasons, the Court will continue the hearing. The Court orders that Plaintiff submit an updated meet and confer declaration along with a proof of service of the motions on Defendants. 

Conclusion 

The hearing is CONTINUED to February 16, 2023, at 8:30 a.m. Plaintiff is ordered to provide an updated meet and confer declaration and Proof of Service upon Defendants. 

Moving party to give notice.