2013-00141592-CL-CL

Portfolio Recovery Associates LLC vs. Edwin D Bryden

Nature of Proceeding: Motion to Compel Discovery, Genuineness of Documents, Truth of

Filed By: Rundquist, Andrew P.

Plaintiff’s motion to compel defendant Bryden’s responses to special interrogatories
and requests for production of documents is UNOPPOSED and is GRANTED as
follows.

Defendant Bryden shall provide verified responses, without objections, to plaintiff’s
special interrogatories and requests for production of documents no later than
6/20/2014.

To the extent plaintiff’s motion to compel also seeks to compel the actual production of
documents in response to the requests for production, the motion is premature. A
motion to compel compliance pursuant to Code of Civil Procedure §2031.320(a) is
appropriate only where a responding party has agreed to produce documents but then
fails to permit inspection consistent with that response. Here, the motion indicates that
the responding party has not yet agreed to produce any responsive documents and
therefore, the responding party cannot yet be compelled to comply with any written
response.

Plaintiff requested no monetary sanctions.

Plaintiff’s motion to deem admitted those matters specified in plaintiff’s requests for
admissions to defendant Bryden is UNOPPOSED and is GRANTED unless defendant
serves “before the hearing on the motion” proposed responses that are in substantial
compliance with Code of Civil Procedure §2033.220. (Code Civ. Proc. §2033.280(c).) Plaintiff requested no mandatory monetary sanctions under Code of Civil Procedure
§2033.280(c).

Moving counsel is advised that where discovery responses (as opposed to further
responses) are sought, the discovery requests need not be included with the moving
papers. Proof of the discovery’s service is all that is required.

Although the notice of motion provided notice of the Court’s tentative ruling system as
required by Local Rule 1.06, the notice does not comply with the current rule. Moving
counsel is directed to review the Local Rules, effective January 1, 2013.

Moving party to provide notice of this ruling and file proof of service of same no
later than 5/30/2014.

This minute order is effective immediately. No formal order or other notice is required.
(Code Civ. Proc. §1019.5; CRC Rule 3.1312.)