ALLA KOTOVNIKOVA VS BENJAMIN ARTHUR SMITH

Tentative Rulings

Case Number: 20STLC02985    Hearing Date: March 22, 2021    Dept: 25

HEARING DATE:   Mon., March 22, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Kotovnikova v. Smith COMPL. FILED: 04-03-20

CASE NUMBER: 20STLC02985 DISC. C/O: 09-01-21

PROCEEDINGS:     MOTION TO COMPEL DEFENDANT’S RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE, AND REQUEST FOR SANCTIONS

MOVING PARTY:   Plaintiff Alla Kotovnikova

RESP. PARTY: Defendant Benjamin A. Smith

MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS; REQUEST FOR SANCTIONS

(CCP §2031.300)

TENTATIVE RULING:

Plaintiff Alla Kotovnikova’s Motion to Compel Defendant’s Responses to Requests for Production of Documents, Set One, and Request for Sanctions is CONTINUED TO MAY 19, 2021 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Defendant must file and serve supplemental papers as requested herein.

SERVICE: 

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: Filed on March 5, 2021 [   ] Late [   ] None

REPLY: None filed as of March 17, 2021 [   ] Late [X] None

ANALYSIS:

1. Background

On April 3, 2020, Plaintiff Alla Kotovnikova (“Plaintiff”) filed an action for motor vehicle negligence against Defendant Benjamin Arthur Smith (“Defendant”). Defendant filed an Answer on July 17, 2020.

On October 7, 2020, Plaintiff filed the instant Motion to Compel Defendant’s Responses to Requests for Production of Documents, Set One, and Request for Sanctions (the “Motion”). Defendant filed an Opposition on March 5, 2021. No reply brief has been filed.

1. Legal Standard & Discussion

A. Request for Production

A party must respond to interrogatories and requests for production of documents within 30 days after service. (Code Civ. Proc., § 2031.260, subd. (a).) If a party to whom requests for production of documents are directed does not provide timely responses, the requesting party may move for an order compelling responses to the discovery. (Code Civ. Proc., § 2031.300, subd. (c).) The party also waives the right to make any objections, including one based on privilege or work-product protection. (Code Civ. Proc., § 2031.300, subd. (a).) There is no time limit for a motion to compel responses to interrogatories or production of documents other than the cut-off on hearing discovery motions 15 days before trial. (Code Civ. Proc., §§ 2024.020, subd. (a); Code Civ. Proc., § 2031.300.) No meet and confer efforts are required before filing a motion to compel responses to the discovery. (Code Civ. Proc., § 2031.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 411.) 

Plaintiff provides evidence that it served a Demand for Production of Documents, Set One, on Defendant’s counsel on August 21, 2020 via email at skang@mercuryinsurance.com. (Mot., Troshchiy Decl., ¶ 2, Exh. 3.) Plaintiff’s counsel sent an email to Defendant’s counsel at the same email address on September 29, 2020 advising that no responses to the propounded discovery had been received and requesting responses without objections “as soon as possible.” (Id. at ¶ 4, Exh. 4.) As of the date this Motion was filed, Plaintiff had not received any discovery responses. (Id. at ¶ 6.)

In Opposition, Defendant argues the Motion is moot because it served complete responses without objections on October 19, 2020 via email. (Oppo., Kang Decl., ¶ 9, Exh. F.) As evidence, Defendant attached a copy of an October 19, 2020 email. (Id.) However, this email does not clearly reference Plaintiff’s discovery requests. Defendant also did not attach copies of its discovery responses with proofs of service to his Opposition. Because Plaintiff did not file a reply brief confirming or disputing receipt of the discovery responses, the Court cannot confirm responses were served and thus cannot determine whether the Motion is moot. Thus, Defendant is ordered to file and serve supplemental papers demonstrating he served discovery responses on October 19.

The parties’ requests for sanctions will be addressed at the following hearing.

1. Conclusion & Order

For the foregoing reasons, Plaintiff Alla Kotovnikova’s Motion to Compel Defendant’s Responses to Requests for Production of Documents, Set One, and Request for Sanctions is CONTINUED TO MAT 19, 2021 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Defendant must file and serve supplemental papers as requested herein.

Moving party is ordered to give notice.