Case Number: BC601134 Hearing Date: May 08, 2018 Dept: 2

Defendant’s Motions to Compel Responses to Request for Production of Documents and Form Interrogatories is GRANTED.

Interrogatories

Where there has been no timely response to interrogatories served under Code of Civil Procedure section 2030.010, or to supplemental interrogatories served under Code of Civil Procedure section 2030.070, the propounding party may move for an order compelling responses and for a monetary sanction. (Code Civ. Proc. § 2030.290(b).) The statute contains no time limit for a motion to compel where no responses have been served. All that need be shown in the moving papers is that a set of interrogatories was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served. (Leach v. Superior Court (1980) 111 Cal.App.3d 902, 905-06.)

The party who failed to respond waives any objections to the interrogatories, unless the court grants them relief from the waiver, upon a showing that the party (1) has subsequently served a substantially compliant response and (2) that the party’s failure to respond was the result of mistake, inadvertence, or excusable neglect. (Code Civ. Proc. § 2030.290(a)(1)-(2).)

Unlike a motion to compel “further” responses, a motion to compel responses contains no meet and confer requirement. (Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 765-66.)

Demands for Production of Records, Documents, or Other Tangible Items

Where there has been no timely response to a demand for production of records made under Code of Civil Procedure section 2031.010, the demanding party may seek an order compelling a response. (Code Civ. Proc. § 2031.300.) There is no deadline for a motion to compel responses, nor is there any requirement that the moving party meet and confer before filing the motion. (Sinaiko Healthcare Consulting, Inc., 148 Cal.App.4th at 765-66.)

The party who failed to respond waives any objections to the demand, unless the court grants them relief from the waiver, upon a showing that the party (1) has subsequently served a substantially compliant response and (2) that the party’s failure to respond was the result of mistake, inadvertence, or excusable neglect. (Code Civ. Proc. § 2031.300(a)(1)-(2).)

Defendant properly propounded discovery on Plaintiff on December 12, 2017. (Yehoshua Decl. ¶ 2; Exhibit A.) Defendant’s counsel declares there has been no response whatsoever from Plaintiff to the form interrogatories or requests for production of documents. (Yehoshua Decl. ¶ 5.) Plaintiff has not filed any opposition disputing this.

Accordingly, the Court will grant the motions to compel.

Motions for Sanctions

Defendant asks for a total of $660.00 in sanctions.

Conclusion

Defendant’s motions to compel Plaintiff to serve responses without objections to the Form Interrogatories, Set One and Request for Production of Documents, Set One are GRANTED. Plaintiff is ordered to respond to the Form Interrogatories, Set One and Request for Production of Documents, Set One within ten (10) days and without objection.

Defendant’s motions for sanctions are GRANTED in a total amount of $660.00. Plaintiff is ordered to pay sanctions to Defendant within thirty (30) days.

Defendant to give notice.