Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants

This appeal from an order imposing, a monetary discovery sanction of $8,786.36 raises the issue of whether, under the California Civil Discovery Act of 2004 (Code Civ. Proc., § 2016.010 et seq.), the trial court has the authority to hear a motion to compel responses to written interrogatories under section 2030.290 when the party on whom the interrogatories were served fails to serve any response within the required time, thereby waiving all objections, but after the motion is served, provides an untimely response that the propounding party deems inadequate. In the published portion of this opinion, we hold that the service of an untimely interrogatory response, which may or may not reflect a good faith effort to comply with the party’s discovery obligations, does not divest the trial court of authority to hear and grant a motion to compel responses under section 2030.290, subdivision (b). Whether the trial court should proceed with a motion to compel responses under section 2030.290 when there has been an untimely interrogatory response is within the sound discretion of the trial court.

BACKGROUND

In December 2004, plaintiff and respondent Sinaiko Healthcare…