Accessing Verdicts requires a change to your plan. Proc., 2025.450(b)(2), 2030.300(b), 2031.310(b). Factual support and legal argument as to why an additional response should be compelled. 12cC.C.P. (See, e.g., Code Civ. April 30, 2021 [. v. Drew (1989) 207 Cal.App.3d 1287, 1297.) For further discussion of motions to compel further responses to discovery, see California Civil Discovery Practice 15.30-15.58. <>
Meet and Confer Declaration Required. Here are just a few of the C.C.P. Meet and Confer Declaration Required. 1000 Defendant filed oppositions on February 10, 2020. Your recipients will receive an email with this envelope shortly and TENTATIVE RULING: Proc., 2031.300(a).) The court must rule on the motion as if the party had appeared. Proc., 2030.260 (a), 2031.260 (a) .) Proc., 2023.030(a). 2 0 obj
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Plaintiff also refiled the Motions on March 25 and 30, 2020 with accompanying declarations and separate statements. endstream
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<. You can always see your envelopes SC129356 Summary. Proc., 2033 MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR DOCUMENTS, FORM INTERROGATORIES, AND REQUESTS FOR ADMISSION Meet and Confer Declaration Required. On March 18, 2019, Plaintiff and Centinela filed a stipulation agreeing to set aside the default and allowing it to file a responsive pleading. plain reading of California Rule of Court, Rule 3.1345(a), which provides that a separate statement is required for "[a]ny motion involving the content of a discovery request or the responses to such a request." The present motion to compel compliance does not involve the content of a discovery request or response. 2023.040 requires that the notice specify the identity of the person against whom sanctions are sought and the type of sanction requested, that the motion be supported in the points and authorities, and the facts be set forth in a declaration supporting the amount of any monetary sanction. by clicking the Inbox on the top right hand corner. (including a . We have notified your account executive who will contact you shortly. This page is not legal advice, and there is no guarantee that this information is up to date. 1 California Code of Civil Procedure requires a response from the party to whom requests for production are propounded within 30 days after service of the requests. CASE NAME: L.'P Proc., 2030.290(c), 2030.300(d), 2031.310(h); see also Code Civ. (2) A representation of inability to comply is inadequate, incomplete, or evasive. ), Sanctions include attorney's fees. 6 0 obj
Hearing Date: <>
will be able to access it on trellis. [and/or] (2) An objection to a particular request is without merit or too general. Moreover, one must know how to count the days: is it backward from the hearing date or forward from the notice date? Ct. (1980) 111 Cal.App.3d 902, 905-906.) endobj
Opposition to Motion to Compel Discovery - California Contra Costa Superior Court of California February 28, 2023 Opposition to Motion to Compel Discovery Superior Court of California Contra Costa Timing 9 Court Days Before the Hearing All opposition papers must be filed and served at least 9 court days before the hearing. (Code Civ. 182 Parties may also move to compel further responses as to interrogatories on similar grounds. %PDF-1.6
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[CCP 2025.480(b)]. endobj
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1s|@U Show More. Consultants (2007) 148 Cal.App.4th 390, 405.). Hearing Date: Proc., 2030.260 (a), 2031.260 (a) .) 180 If you're a paid subscriber and still having difficulty, please contact our support desk with your IPv4 address so we can investigate. The motions that require a separate statement include a motion: (1) To compel further responses to requests for admission; > > Read More.. Interrogatories Heres a short excerpt from the Motions chapter: Lets look a bit deeper into a few of these rules. 9l^Jg,E,sz?k=1T OZ@[{q~dG{c{l)SIG
:4L~h{t-s+}:p3. How much earlier depends upon the service method (mail or overnight mail, and, where authorized, electronic service or fax). On April 6, 2020, Defendant filed Requests for Jud Case Number: You may access and download the courts ruling from the courts website at http://www.saccourt.ca.gov. This Plaintiff's Motion to Compel Further Responses to various discovery includes a (1) Notice of Motion; (2) Memorandum of Points and Authorities; (3) Meet and Confer Declaration pursuant to Code of Civil Procedure section 2016.040; (4) Separate Statement of items in dispute in compliance with California Rules of Court, rule 3.1345; and (5) Proposed Order. (See also Mills v. U.S. Bank (2008) 166 Cal.App.4th 871, 892-893 (trial court did not abuse its discretion in denying plaintiffs motion to compel discovery as plaintiffs separate statement did not comply with the rules of court); Neary v. Regents of University of California (1986) 185 Cal.App.3d 1136, 1145 (trial court properly denied motions to compel discovery because of nonconforming separate statements). Proc., 2030.260(a), 2031.260(a). Your subscription was successfully upgraded. 5 0 obj
Your content views addon has successfully been added. Mishelle Neverson vs Brookdale Senior Living Communities, inc. Motion to Compel 12/04/2018 - Motion to Compel, Motion to Compel 01/19/2018 - Motion to Compel. endobj
Thus, you should meet and confer on any deficiencies as soon as possible to allow time for you to review supplemental responses and prepare your motion to compel, if needed. The court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though no opposition to the motion was filed, or opposition to the motion was withdrawn, or the requested discovery was provided to the moving party after the motion was filed. ARGUMENT . Proc., 2025.450(c)(1). We will email you THOMPSON VS CONTINENTAL LABOR RESOURCES, INC. Motion to Compel 01/26/2018 - Motion to Compel, Motion to Compel Further Responses to Interrogatories, Motion to Compel Responses to Request for Production of Documents, Motion to Compel Deposition of Person Most Qualified (PMQ). #379 These tasks require application of C.C.P. try clicking the minimize button instead. The motions that require a separate statement include a motion: (1) To compel further responses to requests for admission; (2) To compel further responses to interrogatories; Background x\n8ow^$WA vOfw\L+")Q?wlYbbf?gWW?mw,fwso$,e 8 0 obj
Plaintiffs Motion to Compel Defendant to Provide Further Responses and Request for Sanctions is DENIED. Legal Standard try clicking the minimize button instead. The list of telephone numbers of LASC Judicial Officers is online. Proc., 2030.260(a), 2031.260(a). endobj
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178 Motions to compel further responses to written discovery must be brought within 45 days (50 days if by mail) after service of the insufficient responses. Plaintiff Nicole Jacksons LLCs (1) Motion To Compel Further Responses To Form Interrogatories, Set One; Request For Monetary Sanctions; and (2) Motion To Compel Further Responses To Requests For Production, Set One; Request For Monetary Sanctio ..s to Compel Further Responses on September 12, 2019. NEW RULE AMENDMENTS EFFECTIVE JANUARY 1, 2023. If you wish to keep the information in your envelope between pages, California Code of Civil Procedure section 2016.040 requires that parties meet and confer in a "reasonable and good faith attempt at an informal resolution of each issue presented by the [discovery] motion." . Plaintiffs Combined Motion to Compel Further Responses to Form, Special Interrogatories and Requests for Admissions, and Sanctions On March 2, 2020, Plaintiff continued the Motions to April 28, 2020. You have to know how to count to that 45th day, what to do if that day lands on a holiday or weekend, and, where the responses were not personally served, how many days by which to extend that 45-day deadline. Note: Identify the interrogatories in question by name and set number. (b) Using a discovery method in a manner that does not comply with its specified procedures. This will be useful to propounding parties should they have a need to move to compel further responses - it will save time in creating the separate statements required by California Rules of Court Rule 3.1345. On receipt of a response to requests for admissions, the party requesting admissions may move for an order compelling a further response if that party deems that either or both of the following apply: (2) to produce any document, electronically stored information, or tangible thing under the deponent's control that is specified in the deposition notice or a deposition subpoena. SC129356 Proc., 2030.290(a), 2031.300(a). MOTIONS [This, too, is covered in LBTN. Court days means Monday through 2 3 Friday, except for Court holidays. Last. MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES AND REQUEST FOR SANCTIONS Unsworn responses are tantamount to no responses at all. (Appleton v. Super. [and/or] (2) An objection to a particular request is without merit or too general. 179 endobj
Plaintiffs Motion to Compel Defendant to Provide Further Responses and Request for Sanctions is DENIED. <>
Monetary sanctions: If sanctions are sought, C.C.P. Motion ..quest is evasive or incomplete. Except as provided in 3.1345 (b), any motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement. By failing to respond to an inspection demand, the offending party waives any objection to the demand. MOTION TO COMPEL FURTHER RESPONSES TO INTERROGATORIES; REQUESTS FOR PRODUCTION ), The court shall impose a monetary sanction against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a further response to interrogatories, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (Code Civ. But the court allowed the late motion to compel if the moving party undertook some steps. This could vary from two court days to five calendar days to ten calendar days, depending upon the service method and, when served by mail, the location of the parties. The responding party has 30 days after the service of requests to object and answer. Your subscription has successfully been upgraded. Copyright RPCD Holdings LLC 2003-2023 exclusive of the text of government codes. See terms of use for more details. CASE NO. CASE NO. ( Code Civ. Most judges require reservation of hearing dates. may be governed by the Code of Civil Procedure (C.C.P.), the California Rules of Court (C.R.C.), local court rules, or all three. If a party fails to appear at a law and motion hearing without having given notice, the court may take the matter off calendar, to be reset only upon motion, or may rule on the matter. Text of the request, interrogatory, or question. 12 0 obj
=*#&FFM3*a49!3[{LRBhVMfquxic,cWyT.dGjsuW3UgQ+[QzWiU^U5zUZdh$#h6 (Code Civ. when new changes related to " are available. Motion to Compel Discovery Responses (CCP 2030.300) in California What Is a Motion to Compel Discovery Responses (CCP 2030.300)? I received an opposition to my motion to compel discovery. (Leach v. Super. The motion to compel must "set forth specific facts showing good cause justifying the discovery sought by the demand." (Code Civ. Proc., (CCP 2030.300) Deadline 45 days: Motion to Compel must be filed within 45 days from insufficient response [See Above]. You will lose the information in your envelope, ORDER REGARDING PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSE FROM DEFENDA, CROWN BUILDING MAINTENANCE, INC. 183 California Rules of Court, Rule 3.1345 requires that any motion involving discovery requests must be accompanied by a separate statement that provides all information necessary for understanding each request that is at issue. 175 % The responding party has 30 days after the service of requests to object and answer. : Attach Deposition Transcript Sacramento does not allow lodging of deposition transcripts with the court. endobj
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(2) An order staying further proceedings by that party until an order for discovery is obeyed. California Rules of Court, Rule 3.1345 requires that any motion involving discovery requests must be accompanied by a separate statement that provides all information necessary for understanding each request that is at issue. <>
Proc., 2031.300(a).) (d) Failing to respond or to submit to an authorized method of discovery. Defendant filed oppositions on February 10, 2020. (CCP 2030.300, 2031.310) 18 0 obj
.(K$f^nw2+=!AhAt! ), The court shall impose a monetary sanction against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a further response to interrogatories, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (Code Civ. endobj
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pUxqHCxPiJSN : 185 Proc., 2030.290(b), 2031.300(b), 2033.280 (a party who fails to serve a timely response to a request for admission); Leach v. Super. Proc., 2023.030(a). 2023.040C.C.P. 2024.020C.C.P. (Code Civ. Failure to apply the current code or rule or use a mandatory form can have serious consequences, among them, waiving the right to do whatever it was you were attempting to do, or even being sanctioned by the court. ( (CCP 2030.300) hbbd```b``~ "[d5d/L~`b {``m0 X\ Y"?&zZ vr"d10128 _= ]7
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@(%DuI 6v{X+EL. (Code of Civ. Failure to timely respond waives all objections, including privilege and work product. Your recipients will receive an email with this envelope shortly and ( Proc., 2030.290(a), 2031.300(a).) <>
5 Rules of Ct., Rule 3.1030(a)). (C.C.P. ), Note, in Pelton-Shepherd Industries, Inc. v. Delta Packaging Products, Inc. (2008) 165 Cal.App.4th 1568, 1588, the court held that, [b]y simply hearing the motion to compel without first deciding whether discovery should be reopened for that purpose under all of the relevant circumstances, the trial court transgresse[d] the confines of the applicable principles of law and thereby abused its discretion. (citing, in part, City of Sac. 11 0 obj
Depending upon the procedure in question, there may even be required California Judicial Council forms, or local forms, or both. vs General Motors, LLC, SEPARATE STATEMENT OF FACTS IN SUPPORT OF MOTION TO COMPEL FURTHER RESPONS, JANE DOE VS. MARSH & MCLENNAN COMPANIES, INC., A DELAWARE ET AL, OPPOSITION TO MOTION TO COMPEL FURTHER RESPONSE TO EMPLOYMENT FORM INTERRO, CLAUDIA JIMENEZ VS. MISSION HOUSING DEVELOPMENT CORPORATION et al, OPPOSITION TO PLAINTIFF MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERRO. A Motion to Compel is governed by Federal Rule of Civil Procedure 37 and Central District of California Local Rule 37. endobj
8 "[A]bsent a claim of privilege or attorney work product, the party who seeks to compel production has met his burden of showing good cause simply by a fact-specific showing of . Proc., 2031.310(c); 2030.300(c). TENTATIVE RULING: TENTATIVE RULING: Answered in 3 hours by: 2 . Ct. (1980) 111 Cal. Your credits were successfully purchased. . Instead, attach the cover page of the deposition (stating the party names) and the relevant pages of the deposition transcript, with relevant portions highlighted, to a supporting declaration to the motion. endobj
[LBTN explains these requirements and provides easy-to-follow examples. <>
(Pelton-Shepherd Industries, Inc. v. Delta Packaging Products, Inc. (2008) 165 Cal.App.4th 1568, 1586-1587 (the fact that a party does not have a right to have a discovery motion heard after the discovery motion cutoff date does not mean the court has no power to hear it, or that the court errs in hearing it.)), A party may obtain relief from a waiver of objections to interrogatories and a request for production when the party subsequently serves responses and the failure to serve a timely response was the result of a mistake, inadvertence, or excusable neglect. >%9\%_N\>kuq%+"9$~]W-Uj^aRQ Proc., 2031.310(c); 2030.300(c). by clicking the Inbox on the top right hand corner. The response and/or objections to the request. Title 3, Civil Rules-Division 11, Law and Motion-Chapter 6, Particular Motions-Article 5, Summary Judgment Motions renumbered effective January 1, 2009; adopted as article 4 effective January 1, 2007. endobj
Brian Leung v. Alireza Alivandivafa 4/30/2021 Although the California Civil Discovery Act does not require a meet and confer prior to filing a motion to compel initial responses, See CCP 2031.300, on [Date], Plaintiff sent a Meet and Confer Letter to Defense Counsel, ruesting verified substantive responses, eq unilaterally allowing additional days to provide verified substantive responses. Plaintiff Mercury Insurance Companys Motion to Compel Further Responses to Requests for Documents, Set One, and for Monetary Sanctions is DENIED. This section titled Power of Court to Allow Motion to Submit Tardy Expert Witness states: (a) On motion of any party who has failed to submit expert witness information on the date specified in a demand for that exchange, the court may grant leave to submit that information on a later date. endstream
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All that need be shown in the moving papers is that a set of interrogatories was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served. 12c solves that: count backward from the hearing 16 court days and then add the applicable extension. Your alert tracking was successfully added. Plaintiff also refiled the Motions on March 25 and 30, 2020 with accompanying declarations and separate statements. m:KTsUUuipnfw=581I u`&uhPC;D}'+;9MVnH#CTxH*$i7Sr-s8tr_CKgCujAG)mR=x?L4A d7Ep;#P"Ci+Wtn U$1^g(+6o$;PjTNpP9gOaKXRu+
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Disclaimer: The materials and information on this website do not constitute legal advice or create an attorney-client relationship. The motion must include a a good faith declaration, stating that the attempt was indeed made. Notice: Once you have your hearing date, you must calculate the last day to serve your notice and moving papers. You can always see your envelopes It also briefly discusses responses to a motion to compel discovery. Proc., 2030.260 (a), 2031.260 (a) .) (Code Civ. 2030.300) Certain types of cases in certain courts, e.g., Personal Injury Actions in Los Angeles county, might also require an informal discovery conference with the judge before bringing the motion. MERCURY INSURANCE COMPANY VS FELIPE JAIMES PINEDA, ET AL. (Code Civ. (Code Civ. 12 and 1013 (or 1010.6 for electronic service), and possibly 12a. See Code of Civil Procedure 5 6 Section 1005 for more details. 647 0 obj
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You will lose the information in your envelope, RECOMMENDED RULING FILED RECORD SEALED - Discovery Referee's Recommended R, Randy White et al. (h) Making or opposing, unsuccessfully and without substantial justification, a motion to compel or to limit discovery. 1005(b)C.C.P. Bus.& Prof Code 17200), First MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES AND REQUEST FOR SANCTIONS Proc., 2033.290(a).) Under Federal Rule of Civil Procedure 26, generally "a party may not seek discovery Dated: Date Unsworn responses are tantamount to no responses at all. (Appleton v. Super. (Code Civ. Your subscription has successfully been upgraded. relies on Litigation By The Numbers (LBTN), the essential California civil practice guide updated twice yearly. Format of discovery motions (a) Separate statement required Any motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement. Even more detail and calendaring exercises may be found in the one-hour video, Calendaring in State Court: Steps and Traps for the Unwary.], Format: The motion must comply with the format requirements contained in C.R.C., Rules 3.1110 and 3.1112. Our court date is in 14 days. (Code Civ. Proc., 2030.290(a), 2031.300(a).) Yj;r/triZ!fGsp0e, subpoena. <>
2031.310 (b)(1).) Amit Lal vs University of the Pacific, a California Corporation et al. Proc., 2033.290(a).) Legal Standard Legal Standard 23 0 obj
It provides an overview of the meet and confer requirements, standards for compelling discovery, and discusses the procedural steps for making a motion to compel discovery. Code 70617(a)C.R.C., Rule 3.1110C.R.C., Rule 3.1112C.R.C., Rule 3.1113C.R.C., Rule 3.1308C.R.C., Rule 3.1345, Yes, every one of those codes and rules governs some aspect of the procedure for drafting, filing, and serving a motion to compel further responses to interrogatories. A party may give notice that he or she will not appear at a law and motion hearing and submit the matter without an appearance unless the court orders otherwise. Proc., 2025.450(c)(1). Ask Your Own Family Law Question. x[[o:~}bUH]"@$,M7>h ~gD]ZM$r8G}>~yzycvz6e;$\0oV,e.8Hx,c/}c Gz?Glovs1G!Bq%aC'^,Xn!D
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{|/(/~btMq]_^S']/7t>iQ( S Once [a party] fail[ed] to serve a timely response, the trial court had authority to grant [opposing party's] motion to compel responses. (Sinaiko Health. <>
4 Defendants have not cited any authority justifying such discovery before a Rule 26(f) conference has even been held. Consultants (2007) 148 Cal.App.4th 390, 405.). These consequences can be eliminated by using LBTN, which pulls together the C.C.P., C.R.C., and Judicial Council forms for commonly-encountered tasks in California state court civil litigation cases, and explains them, step-by-step. (12/6/18 Stipulation.) stream
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(Code Civ. Caption [ATTORNEY NAME], Bar No. LASC LR 3.26 (amended eff 7/1/11), On any pleading or paper subsequent to the initial complaint or cross-complaint, it is sufficient in the title of the case to state the name of the first party on each side, with appropriate indication of other parties, and state that a cross-action or cross-actions are involved, if applicable. 2 7 ), The demanding party shall be accompanied by a meet and confer declaration under 2016.040, or a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance. *VK:aXE&PkcDDYH*Ox00>"kMwGY)vMGjP0]1=$&x |"jn8zS$NNuY-xKesGXYY3]*\qzp=C{ekG[(|hqL&2b*z&&bgS2MDT4&1U#JeF =;?x%mYAoz{3( T_oJVFX?x~JP8jj8 `5\"Yj4Po1:@D-q4X Z
_#Z$ epBn@n0_^zK~suDoaix'6wnzzD][3Ve@tn n It is . If the responding party has provided insufficient responses to interrogatories, requests for production of documents, or requests for admission, the requesting party must give notice of motion to compel further responses within 45 days of service of the insufficient responses. (Code Civ. 10 0 obj
Where the motion is being eFiled, there are several more and/or different requirements. (CCP 2030.300, 2031.310) This page was created by and (c) Noah Schwinghamer, a Sacramento Injury Lawyer. C.C.P. 1000 Theres a rule for everything in California State Court civil litigation. App. <>
), If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetary sanction. (e)(2).) 176 (e) Making, without substantial justification, an unmeritorious objection to discovery. On June 4, 2019, Plaintiff filed the following three motions: (1) Motion to Compel Further Responses For full print and download access, please subscribe at https://www.trellis.law/. MOTIONS <>
TENTATIVE RULING: These codes, rules, and forms change often! SC129356 <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 23 0 R/Group<>/Tabs/S/StructParents 1>>
Otherwise the requesting party waives the right to move to compel further responses. The failure to file a written opposition or to appear at a hearing or the voluntary provision of discovery shall not be deemed an admission that the motion was proper or that sanctions should be awarded. The court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though no opposition to the motion was filed, or opposition to the motion was withdrawn, or the requested discovery was provided to the moving party after the motion was filed (Cal. On March 2, 2020, Plaintiff continued the Motions to April 28, 2020. 14 0 obj
If your opposition is late, the court may ignore it. The motion to compel further responses has to be brought within 45 days of service of the response (CCP 2030.300). I. The motions that require a separate statement include a motion: (1) To compel further responses to requests for admission; > > Read More.. Interrogatories To date, no reply brief has been filed. Your subscription was successfully upgraded. [See Above]. Last. hbbd``b`$W- b+qs' AH? b``M 9
Would the court accept this motion because I think the deadline has passed. 0
Parties may also move to compel further responses as to interrogatories on similar grounds. Calendar days include weekends and holidays, but if the final day lands on a weekend or . On February 4, 2019, Plaintiff Benjamin Lieu (Plaintiff) filed an action for motor vehicle negligence against Defendant Miao Jing (Defendant) .., Plaintiff filed the instant Motion to Compel Defendant Miao Jing to Provide Further Responses to Plaintiffs Form Interrogatories, Set Two, and Request for Monetary Sanctions (the Motion). 21 0 obj
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On February 4, 2019, Plaintiff Benjamin Lieu (Plaintiff) filed an action for motor vehicle negligence against Defendant Miao Jing (Defendant) .., Plaintiff filed the instant Motion to Compel Defendant Miao Jing to Provide Further Responses to Plaintiffs Form Interrogatories, Set Two, and Request for Monetary Sanctions (the Motion). The Motions were originally set to be heard on March 4, 2020. ), Rules of Court, rule 3.1348(a), explains, The court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though no opposition to the motion was filed, or opposition to the motion was withdrawn, or the requested discovery was provided to the moving party after motion was filed. (See also Code Civ. See California Civil discovery Practice 15.30-15.58 University of the response ( CCP 2030.300 2031.310... 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