LATISH vs MCDONALD’S CORPORATION, et al.

24CV015944: LATISH vs MCDONALD'S CORPORATION, et al. 03/27/2025 Hearing on Motion to Compel Responses to Form Interrogatories in Department 54

Tentative Ruling

Defendant Klair Management Enterprises, Inc.’s (“Defendant”) motion to compel Plaintiff Kiayetta Beverly Latish’s (“Plaintiff”) responses to Form Interrogatories (Set One) is GRANTED.

On October 4, 2024, Defendant electronically served its first set of form interrogatories on Plaintiff. (Declaration of Anna Kartoshkina (“Kartoshkina Decl.”), ¶ 3, Ex. A.) Plaintiff’s due date to serve her responses was November 5, 2024. According to Defendant’s counsel, she received no response to the Form Interrogatories, and met and conferred with Plaintiff on November 6, 2024. (Id., ¶ 4.) Defendant provided an extension until November 15, 2024. (Ibid.) Plaintiff did not serve responses. (Ibid.)

In opposition, Plaintiff’s counsel states “Defendants ignored Plaintiff Geoffrey Kasler’s email request for a first-time extension request via email on October 4, 2024 in the clear and present fact they were provided an extension of two weeks to respond as to McDonalds defendant.” (Declaration of Armin Abazari (“Abazari Decl.”), 6:8-10.) Geoffrey Kasler, however, is not a plaintiff in this action, and Plaintiff’s counsel failed to include a copy of his email request. In any event, Defendant provided Plaintiff an extension up to November 15, 2024, and Plaintiff’s counsel indicates that “[o]n December 26, 2024, Plaintiff’s office conveyed that there is an inability to reach the plaintiff and made a final attempt to get responses by January 16, 2025.” (Id., 6:11-12.)

Therefore, Plaintiff’s counsel's declaration demonstrates that he would have been unable to serve responses even if Defendant afforded him an extension until November 19th to respond.

Although Plaintiff served responses after the motion was filed, those responses include objections, and are unverified. By failing to timely serve responses, Plaintiff has waived her objections and the right to invoke the option to produce writings. (Code of Civil Procedure section 2030.290(a).) Thus, Plaintiff’s belated responses, which include objections, are improper. The Court expresses no opinion regarding the sufficiency of Plaintiff's actual responses.

By no later than April 14, 2025, Plaintiff shall serve verified written responses, without objections or invocation of an option to produce writings (Code Civ. Proc. § 2030.290(a)), unless the parties agree in writing to a later date.

Defendant’s request for monetary sanctions is denied.

This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC Rule 3.1312.)

24CV015944: LATISH vs MCDONALD'S CORPORATION, et al. 03/27/2025 Hearing on Motion to Compel Responses to Form Interrogatories in Department 54

NOTICE:

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