Lawzilla Additional Information:
Per the Los Angeles court records plaintiff is represented by attorney Dan Shapiro who is being sanctioned by the judge.

Case Number: KC069466 Hearing Date: May 09, 2018 Dept: O

Video Technology Services Inc. v. E4C Technologies LLC, et al. (KC069466)

1. Defendant E4C Technologies, LLC’s MOTION TO COMPEL RESPONSES AND FURTHER RESPONSES TO FORM INTERROGATORIES

Respondent: Plaintiff Video Technology Services Inc.

2. Defendant E4C Technologies, LLC’s MOTION TO COMPEL RESPONSES AND FURTHER RESPONSES TO SPECIAL INTERROGATORIES

Respondent: Plaintiff Video Technology Services Inc.

3. Defendant E4C Technologies, LLC’s MOTION TO COMPEL RESPONSES AND FURTHER RESPONSES TO REQUESTS FOR PRODUCTION

Respondent: Plaintiff Video Technology Services Inc.

TENTATIVE RULING

1-3. Discovery Motions

Defendant E4C Technologies, LLC’s motions to compel responses and further responses to discovery are GRANTED. Plaintiff is ordered to file supplemental responses without objections within 10 days. Reduced sanctions are imposed against Plaintiff and counsel, jointly and severally, in the sum of $3,500.00, payable within 30 days.

Defendant E4C Technologies, LLC moves to compel responses and further responses to discovery pursuant to CCP 2030, et seq.

CCP 2030.290(b) and 2031.300(b) allow the propounding party to file a motion to compel responses to interrogatories and document demands if a response has not been received. If responses are untimely, responding party waives objections. (CCP 2030.290(a) and 2031.300(a).)

Defendant mail-served form interrogatories, special interrogatories, and document requests on 10/19/17. (Weber Decl., Ex. A.) Plaintiff’s responses must be served “within 30 days after service” of the discovery plus 5 calendar days if service was made by mail. (CCP 2030.260(a) and 1013(b).) Plaintiff’s responses were due on 11/23/17. Plaintiff served responses on 12/5/17. (Id. at Par. 4.) The responses are untimely.

If responses are untimely, responding party waives objections. (CCP 2030.290(a) and 2031.300(a).)

Plaintiff’s late discovery responses contain objections. Plaintiff is ordered to serve complete responses within 10 days without objections.

In opposition, Plaintiff contends that it is entitled to relief from waiver of objections, and complains that Defendant did not fully engage in the meet and confer process. However, because Plaintiff served late responses, Defendant is entitled to file a motion compelling initial responses without objections and there is no meet and confer requirement for motions to compel initial responses.

Further, the burden of obtaining relief from waiver is on Plaintiff and Plaintiff failed to file any such motion. Plaintiff is not entitled to seek such relief in its Opposition.

Accordingly, the motions are GRANTED. Plaintiff is ordered to file supplemental responses without objections within 10 days.

The court also notes that Defendant has filed simultaneous motions to compel further discovery responses. However, because supplemental responses have been ordered, the court declines to adjudicate the motions in such piecemeal fashion. Defendant may bring a later motion to compel further responses incorporating all issues into one motion if the supplemental responses are insufficient.

Sanctions: CCP 2023.010(d), 2030.290(c) and 2031.300(c) authorize the court to impose sanctions for failure to respond to discovery without substantial justification.

Here, sanctions are appropriate because Defendants served late and incomplete responses to discovery. The court finds Defendant’s total request of $15,575.50 is excessive. Instead, reduced sanctions are imposed against Plaintiff and counsel, jointly and severally, in the sum of $3,500.00, payable within 30 days.