RAYMOND ARREHBORI VS JOSHUA FRONTINO ET AL

Tentative Rulings

Case Number: ****6636    Hearing Date: March 18, 2021    Dept: 26

Arrehbori v. Frontino, et al

MOTION TO COMPEL RESPONSES TO INTERROGATORIES AND DEMAND FOR PRODUCTION; REQUEST FOR SANCTIONS

(CCP ;; 2030.290, 2031.300)

TENTATIVE RULING:

Defendant Joshua Frontino’s (1) Motion To Compel Responses To Supplemental Interrogatories and Request for Sanctions; and (2) Motion To Compel Responses To Supplemental Demand For Production Of Documents and Request for Sanctions are GRANTED AS TO THE ORDER COMPELLING RESPONSES. PLAINTIFF RAYMOND ARREHBORI IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE SUPPLEMENTAL INTERROGATORIES AND REQUESTS FOR PRODUCTION WITHIN 40 DAYS’ SERVICE OF THIS ORDER. THE REQUESTS FOR SANCTIONS ARE DENIED.

ANALYSIS:

Defendant Joshua Frontino (“Defendant Frontino”) propounded Supplemental Interrogatories and Supplemental Requests for Production of Documents on Plaintiff Raymond Arrehbori (“Plaintiff”) on August 4, 2020. (Motions, Zipe Decl., Exh. A.) Following Plaintiff’s failure to provide timely responses, Defendant Frontino’s counsel sent a meet and confer letter to Plaintiff’s former counsel. (Id. at Exhs. B-C.) Following no response from Plaintiff, Defendant Frontino filed the instant (1) Motion To Compel Responses To Supplemental Interrogatories, Set One; and (2) Motion To Compel Responses To Demand For Production Of Documents on January 5, 2021. Plaintiff filed a substitution of attorney and oppositions to the Motions on March 5, 2021. Defendant Frontino filed a reply on March 11, 2021.

Based on Plaintiff’s failure to serve initial responses, the Motions to compel responses to the supplemental interrogatories and request for production are granted. There is no requirement for a prior meet and confer effort before a motion to compel initial responses or deem admissions admitted can be filed. (Code Civ. Proc., ;; 2030.290, 2031.300.) Further, the motion can be brought any time after the responding party fails to provide the responses. (Code Civ. Proc., ;; 2030.290, 2031.300.)

Regarding the evidence in opposition that Plaintiff’s former counsel failed to inform him of the discovery or the instant Motion, the Court will give Plaintiff additional time to serve responses. It should be noted that defense counsel declares that Plaintiff’s former counsel represented she had difficulty obtaining responses from Plaintiff. (Motions, Zipe Decl., ¶7.) Defense counsel declares that he is only seeking sanctions against Plaintiff. (Ibid.)

Therefore, Defendant Joshua Frontino’s (1) Motion To Compel Responses To Supplemental Interrogatories and Request for Sanctions; and (2) Motion To Compel Responses To Supplemental Demand For Production Of Documents and Request for Sanctions are GRANTED AS TO THE ORDER COMPELLING RESPONSES. PLAINTIFF RAYMOND ARREHBORI IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE SUPPLEMENTAL INTERROGATORIES AND REQUESTS FOR PRODUCTION WITHIN 40 DAYS’ SERVICE OF THIS ORDER. THE REQUESTS FOR SANCTIONS ARE DENIED.