2013-00151918-CU-PA

Lorena Perez vs. Monique Elizabeth Lopez

Nature of Proceeding:   Motion to Compel Responses to Discovery
Nature of Proceeding:  Motion to Compel Responses to Discovery

Filed By:  Beals, John D.

Plaintiff’s motion to compel defendants Lopez and Sidhu’s respective responses to
form interrogatories and requests for production of documents is GRANTED as
follows.

Although defendants filed an opposition, it was not timely as it was not filed until
5/23/2014, just two (2) court days before the scheduled hearing date and barely early
enough for the Court to consider it before preparing a tentative ruling.  Nevertheless,
the untimely opposition was considered but it set forth no meaningful or substantive
opposition to this motion.  Instead, defendants’ counsel merely represented that he has
had trouble contacting his clients and that he had repeatedly notified plaintiff’s counsel
of this fact along with the efforts to locate defendants.  Defendants further assert that
this motion was unwarranted and that plaintiff’s counsel should be sanctioned for filing
an unnecessary motion.

Because plaintiff is pursuant to Code entitled to responses to the outstanding
discovery requests and because the opposition effectively concedes no responses
have to date been provided, the motion to compel is effectively unopposed and is
granted.

Defendants Lopez and Sidhu shall each provide verified responses, without objections,
to plaintiff’s form interrogatories and requests for production of documents no later
than 6/20/2014. (The parties remain free to extend this date by mutual agreement
memorialized in writing.)

Plaintiff’s request for monetary sanctions is denied since the motion to compel is
effectively unopposed.

Plaintiff’s motion to deem admitted those matters specified in plaintiff’s requests for
admissions to defendants Lopez and Sidhu is effectively UNOPPOSED and is
GRANTED unless each 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 is awarded mandatory monetary sanctions under Code of Civil Procedure
§2033.280(c) in the amount of $370 for one hour of attorney time plus $120 for filing
fees.  Sanctions to be paid no later than 6/30/2014 and if not paid by that date, plaintiff
may prepare for the Court’s signature a formal order granting the sanctions, which may
then be enforced as a separate judgment. (Newland v. Superior Court (1995) 40
Cal.App.4th 608, 615.)

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.

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