17-CIV-04570 ALI TAGHAVI VS. THE LELAND STANFORD JUNIOR UNIVERSITY, ET AL.

ALI TAGHAVI THE LELAND STANFORD JUNIOR UNIVERSITY
FREDRICK A. HAGEN AMBER A. EKLOF

MOTION TO COMPEL TENTATIVE RULING:

The motion is denied in its entirety.

The deadline for a motion to compel further responses is 45 days after service of the responses, plus additional time depending on the manner of serving the responses. The parties may agree to extend the deadline, but the agreement must be in writing. (Code of Civ. Proc. § 2031.310, subd. (c).) Responses were served by mail on June 28, 2018. The deadline for this motion was August 17, 2018. Plaintiff filed this motion on September 21, 2018. Plaintiff offers no evidence that the parties agreed to an extended deadline.

Plaintiff’s evidence includes two letters proposing an extended deadline. (See Decl. Hagen, Exhibits D and F.) Letters in response to the proposals do not indicate any agreement to a deadline extension. (Id., Exhibits E and G.) No evidence is before the court that Defendant accepted either of the proposals or that Defendant agreed in writing to any extended deadline.

When a party fails to bring a motion to compel further responses within the deadline, that party waives the right to bring the motion. When the motion is filed after the deadline, the Court has no jurisdiction but to deny it. (Sexton v. Superior Court (1997) 58 Cal. App. 4th 1403, 1409–10.)

Finally, the motion is moot as to all document categories except for categories 36 and 37. Defendant served Supplemental Responses to 1, 4, 7, 8, 10, 14, 16 through 29, and 35, on October 11, 2018. If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Defendant shall prepare a written order consistent with the Court’s ruling for the Court’s signature, pursuant to California Rules of Court, Rule 3.1312, and provide written notice of the ruling to all parties who have appeared in the action, as required by law and the California Rules of Court.