CROW, ET AL. v. CHILD

LAW AND MOTION CALENDAR MARCH 20, 2026

2. CROW, ET AL. v. CHILD, 24CV1535

Motion to Compel

On January 6, 2026, pursuant to Code of Civil Procedure section 2030.290,

defendant Barton Memorial Hospital (“defendant”) filed the instant motion to compel

(1) plaintiff John Crow’s verified response to Form Interrogatories (Set One); (2) plaintiff

John Crow’s verified response to Special Interrogatories (Set One); and (3) plaintiff Janet

Crow’s verified response to Form Interrogatories (Set One). Defendant’s motion includes

no request for a monetary sanction. Proof of service attached to the moving papers shows the motion was electronically

served upon all parties that same day. On March 13, 2026, defendant filed a notice of

non-opposition.

If a party to whom interrogatories were directed fails to serve a timely response, the

propounding party may move for an order compelling responses. (Code Civ. Proc.,

§ 2030.290, subd. (b); see Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare

Consultants (2007) 148 Cal.App.4th 390, 403–404.) Generally, the party who failed to

serve a timely response to the discovery request waives “any objection” to the request,

“including one based on privilege” or the protection of attorney work product. (Code,

Civ. Proc., § 2030.290, subd. (a).)

In this case, defense counsel declares his office electronically served the discovery

requests on plaintiffs on September 25, 2025. (Perry Decl., ¶ 2.) Accordingly, plaintiffs’ deadline to serve their verified responses was October 27, 2025 (30 calendar days,

extended by two court days for electronic service). (Code Civ. Proc., §§ 1013, subd. (e),

2030.260, subd. (a).) As of January 6, 2026, neither plaintiff had served any verified