MERCURY INSURANCE COMPANY VS FELIPE JAIMES PINEDA, ET AL.

Tentative Rulings

Case Number: 18STLC07286    Hearing Date: January 14, 2020    Dept: 94

MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR DOCUMENTS, FORM INTERROGATORIES, AND REQUESTS FOR ADMISSION

(CCP § 2030.300)

TENTATIVE RULING:

Plaintiff Mercury Insurance Company’s Motion to Compel Further Responses to Requests for Documents, Set One, and for Monetary Sanctions is DENIED.

Plaintiff Mercury Insurance Company’s Motion to Compel Further Responses to Form Interrogatories, Set One, and for Monetary Sanctions is DENIED.

Plaintiff Mercury Insurance Company’s Motion to Compel Further Responses to Requests Admission, Set One, and for Monetary Sanctions is DENIED.

ANALYSIS:

I. Background

On May 14, 2019, Plaintiff Mercury Insurance Company (“Plaintiff”) filed an action for subrogation against Felipe James Pineda (“Pineda”), Playa Vista Car Care, Ltd. (“Playa Vista”), and Centinela Gas Station, Inc. (“Centinela”) (collectively, “Defendants”). On October 31, 2018, default was entered against Centinela. On March 18, 2019, Plaintiff and Centinela filed a stipulation agreeing to set aside the default and allowing it to file a responsive pleading. (12/6/18 Stipulation.)

On June 4, 2019, Plaintiff filed the following three motions: (1) Motion to Compel Further Responses to Requests for Documents, Set One, and For Monetary Sanctions, (2) Motion to Compel Further Responses to Form Interrogatories, Set One, and For Monetary Sanctions, and (3) Motion to Compel Further Responses to Requests for Admission, Set One, and For Monetary Sanctions.

To date, no opposition or reply briefs have been filed.

II. Legal Standard

Code of Civil Procedure section 2031.310 provides that “[o]n receipt of a response to demand for inspection..., the demanding party may move for an order compelling further response if the demanding party deems that (1) [a] statement of compliance with the demand is incomplete; (2) [a] representation of inability to comply is inadequate, incomplete, or evasive; [or] (3) [a]n objection in the response is without merit or too general.” (Code Civ. Proc., § 2031.310, subd. (a).) Code of Civil Procedure section 2030.300 provides that “[o]n receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that . . . “[a]n objection to an interrogatory is without merit or too general.” (Code Civ. Proc., § 2030.300, subd. (a).) Code of Civil Procedure section 2033.290 provides that “[o]n receipt of a response to requests for admissions, the part requesting admissions may move for an order compelling a further response if that party deems that…(1) [a]n objection to a particular request is without merit or too general.” (Code Civ. Proc., § 2033.290, subd. (a)(1).)

Notice of the motions must be given within 45 days of service of the verified response, otherwise, the propounding party waives any right to compel a further response. (Code Civ. Proc., § 2030.300, subd. (c); Code Civ. Proc., § 2031.300, subd. (c); Code Civ. Proc., § 2033.290, subd. (c).) The motions must also be accompanied by a meet and confer declaration. (Code Civ. Proc., § 2030.300, subd. (b); Code Civ. Proc., § 2030.310, subd. (b); Code Civ. Proc., § 2033.290 subd. (b)(1).)

Finally, Cal. Rules of Court, Rule 3.1345 requires that all motions or responses involving further discovery contain a separate statement with the text of each request, the response, and a statement of factual and legal reasons for compelling further responses. (Cal. Rules of Court, Rule 3.1345, subd. (a)(3)).

III. Discussion

Plaintiff served the subject discovery on Centinela by mail on March 15, 2019. (Motions, Thai Decl., ¶ 2 and Exh. 1.) Plaintiff served responses to the discovery on April 18, 2019. (Id. at ¶ 3 and Exh, 2.) On April 23, 2019, Plaintiff’s counsel sent a meet and confer letter. (Id. at ¶ 4 and Exh. 3.)

The deadline to file motions to compel further responses was June 2, 2019. Because Plaintiff filed the instant Motions on June 4, 2019, the Motions are untimely and Plaintiff has waived any right to compel a further response. (Code Civ. Proc., § 2030.300, subd. (c); Code Civ. Proc., § 2031.300, subd. (c); Code Civ. Proc., § 2033.290, subd. (c).)

IV. Conclusion & Order

For the foregoing reasons:

(1) Plaintiff Mercury Insurance Company’s Motion to Compel Further Responses to Requests for Documents, Set One, and for Monetary Sanctions is DENIED;

(2) Plaintiff Mercury Insurance Company’s Motion to Compel Further Responses to Form Interrogatories, Set One, and for Monetary Sanctions is DENIED; and

(3) Plaintiff Mercury Insurance Company’s Motion to Compel Further Responses to Requests Admission, Set One, and for Monetary Sanctions is DENIED.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCdept94@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.