On August 27, 2021 a
Motion - Def Mtn to Compel
was filed
involving a dispute between
Cantu, Beatrice,
and
Saldivar, Ricardo,
for Injury or Damage - Motor Vehicle (OCA)
in the District Court of Hidalgo County.
Preview
Electronically Submitted
1/25/2024 4:54 PM
Hidalgo County Clerk
Accepted by: Carlos Guerra
CAUSE NO. CL-21-3026-G
BEATRICE CANTU § IN THE COUNTY COURT
§
V. § AT LAW NO. 7
§
RICARDO SALDIVAR § HIDALGO COUNTY, TEXAS
DEFENDANT’S MOTION TO COMPEL
PLAINTIFF TO RESPOND TO DISCOVERY
Defendant, RICARDO SALDIVAR asks the Court to compel Plaintiff, BEATRICE
CANTU to respond to Defendant’s discovery requests.
A. Introduction
1. Plaintiff is Beatrice Cantu; defendant is Ricardo Saldivar.
2. Plaintiff sued Defendant for damages arising out of an automobile accident which
occurred on August 30, 2019, on Trenton Road in Edinburg, Hidalgo County Texas.
3. Discovery in this suit is governed by a Level 1 discovery-control plan.
4. This case is set for trial on February 5, 2024.
B. Facts
5. On April 21, 2023, Defendant served Plaintiff with Requests for Admission, Requests
for Production, and Written Interrogatories in accordance with Texas Rules of Civil Procedure
21 and 21a.
6. Although Plaintiff’s responses were due on May 22, 2023, Plaintiff has not responded to
Defendant’s Written Interrogatories or Requests for Production. Therefore, the Court should
order Plaintiff to file responses. Defendant attaches the envelope receipt from the e-filing for
Texas website to this motion as Exhibit “1,” and incorporates it by reference.
7. Plaintiff has wholly failed to respond to Defendant’s Written Interrogatories and
Electronically Submitted
1/25/2024 4:54 PM
Hidalgo County Clerk
Accepted by: Carlos Guerra
Requests for Production, which were due almost one year ago.
C. Argument & Authorities
8. The purpose of discovery is to seek the truth, so disputes may be decided by what facts
are revealed, not by what facts are concealed. Axelson, Inc. v. McIlhany, 798 S.W.2d 550, 555
(Tex. 1990). Discovery may be obtained about any matter relevant to the subject matter of the
case. Tex. R. Civ. P. 192.3(a). Information is discoverable as long as it appears “reasonably
calculated to lead to the discovery of admissible evidence.” Id.
9. A trial court may compel a party to respond to a discovery request. Tex. R. Civ. P. Plaintiff
did not respond to Written Interrogatories or Requests for Production as required by Texas
Rule of Civil Procedure 193.1. Therefore, the Court should compel Plaintiff to respond to the
Written Interrogatories and Requests for Production so the case can move forward.
D. Waiver
10. Plaintiff did not timely serve responses to Defendant’s Written Interrogatories or
Requests for Production and therefore waived all objections. Tex. R. Civ. P. 193.2(e); see
Remington Arms Co. v. Canales, 837 S.W.2d 624, 625 (Tex. 1992).
a. On April 21, 2023, Defendant served Plaintiff with the discovery in accordance
with Texas Rules of Civil Procedure 21 and 21a. The responses were due on May
22, 2023. Defendant attaches the envelope receipt from the e-filing for Texas
website to this motion as Exhibit “1,” and incorporates it by reference.
b. The parties did not agree to an extension under Rule 11, and the Court did not
grant an extension. See Tex. R. Civ. P. 191.1.
c. Plaintiff has not shown good cause for not responding to the discovery request.
2
Electronically Submitted
1/25/2024 4:54 PM
Hidalgo County Clerk
Accepted by: Carlos Guerra
E. Conclusion
11. Plaintiff has wholly failed to respond to Defendant’s Written Interrogatories and
Requests for Production. Therefore, the Court should compel Plaintiff to respond, without
objections, promptly.
F. Prayer
12. For these reasons, Defendant asks the Court to set this motion for hearing and, after the
hearing, to compel Plaintiff to file adequate responses to Defendant’s Written Interrogatories
and Requests for Production and find that Plaintiff waved her objections.
Respectfully submitted,
THE LAW OFFICE OF RALPH M.
RODRIGUEZ, PLLC
1410 West Dove Avenue
McAllen, Texas 78504
(956) 758-0300
Email: nick@tdlawtx.com
By: Nicholas O. Denzer
Nicholas O. Denzer
Of Counsel
State Bar No. 24092339
ATTORNEY FOR DEFENDANT
Electronically Submitted
1/25/2024 4:54 PM
Hidalgo County Clerk
Accepted by: Carlos Guerra
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 25th day of January, 2024, a true and correct copy of the
foregoing document has been sent to all counsel of record as follows:
Via e-service
Arturo R. Cantu
10113 North 10th Street Suite H
McAllen, Texas 78504
Nicholas O. Denzer
Nicholas O. Denzer
4
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Miriam Contreras on behalf of Guillermo Tijerina
Bar No. 24056437
mcontreras@tdlawtx.com
Envelope ID: 83812300
Filing Code Description: Motion (No Fee)
Filing Description: Def Mtn to Compel
Status as of 1/25/2024 4:59 PM CST
Associated Case Party: Beatrice Cantu
Name BarNumber Email TimestampSubmitted Status
arturor @cantulawfirm.net arturor@cantulawfirm.net 1/25/2024 4:54:17 PM SENT
Associated Case Party: Ricardo Saldivar
Name BarNumber Email TimestampSubmitted Status
Nicholas O. Denzer nick@tdlawtx.com 1/25/2024 4:54:17 PM SENT
Stephanie Sells ssells@tdlawtx.com 1/25/2024 4:54:17 PM SENT
Document Filed Date
January 25, 2024
Case Filing Date
August 27, 2021
Category
Injury or Damage - Motor Vehicle (OCA)
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Electronically Submitted 1/25/2024 4:54 PM Hidalgo County Clerk Accepted by: Carlos Guerra CAUSE NO. CL-21-3026-G BEATRICE CANTU § IN THE COUNTY COURT § V. § AT LAW NO. 7 § RICARDO SALDIVAR § HIDALGO COUNTY, TEXAS DEFENDANT’S MOTION TO COMPEL PLAINTIFF TO RESPOND TO DISCOVERY Defendant, RICARDO SALDIVAR asks the Court to compel Plaintiff, BEATRICE CANTU to respond to Defendant’s discovery requests. A. Introduction 1. Plaintiff is Beatrice Cantu; defendant is Ricardo Saldivar. 2. Plaintiff sued Defendant for damages arising out of an automobile accident which occurred on August 30, 2019, on Trenton Road in Edinburg, Hidalgo County Texas. 3. Discovery in this suit is governed by a Level 1 discovery-control plan. 4. This case is set for trial on February 5, 2024. B. Facts 5. On April 21, 2023, Defendant served Plaintiff with Requests for Admission, Requests for Production, and Written Interrogatories in accordance with Texas Rules of Civil Procedure 21 and 21a. 6. Although Plaintiff’s responses were due on May 22, 2023, Plaintiff has not responded to Defendant’s Written Interrogatories or Requests for Production. Therefore, the Court should order Plaintiff to file responses. Defendant attaches the envelope receipt from the e-filing for Texas website to this motion as Exhibit “1,” and incorporates it by reference. 7. Plaintiff has wholly failed to respond to Defendant’s Written Interrogatories and Electronically Submitted 1/25/2024 4:54 PM Hidalgo County Clerk Accepted by: Carlos Guerra Requests for Production, which were due almost one year ago. C. Argument & Authorities 8. The purpose of discovery is to seek the truth, so disputes may be decided by what facts are revealed, not by what facts are concealed. Axelson, Inc. v. McIlhany, 798 S.W.2d 550, 555 (Tex. 1990). Discovery may be obtained about any matter relevant to the subject matter of the case. Tex. R. Civ. P. 192.3(a). Information is discoverable as long as it appears “reasonably calculated to lead to the discovery of admissible evidence.” Id. 9. A trial court may compel a party to respond to a discovery request. Tex. R. Civ. P. Plaintiff did not respond to Written Interrogatories or Requests for Production as required by Texas Rule of Civil Procedure 193.1. Therefore, the Court should compel Plaintiff to respond to the Written Interrogatories and Requests for Production so the case can move forward. D. Waiver 10. Plaintiff did not timely serve responses to Defendant’s Written Interrogatories or Requests for Production and therefore waived all objections. Tex. R. Civ. P. 193.2(e); see Remington Arms Co. v. Canales, 837 S.W.2d 624, 625 (Tex. 1992). a. On April 21, 2023, Defendant served Plaintiff with the discovery in accordance with Texas Rules of Civil Procedure 21 and 21a. The responses were due on May 22, 2023. Defendant attaches the envelope receipt from the e-filing for Texas website to this motion as Exhibit “1,” and incorporates it by reference. b. The parties did not agree to an extension under Rule 11, and the Court did not grant an extension. See Tex. R. Civ. P. 191.1. c. Plaintiff has not shown good cause for not responding to the discovery request. 2 Electronically Submitted 1/25/2024 4:54 PM Hidalgo County Clerk Accepted by: Carlos Guerra E. Conclusion 11. Plaintiff has wholly failed to respond to Defendant’s Written Interrogatories and Requests for Production. Therefore, the Court should compel Plaintiff to respond, without objections, promptly. F. Prayer 12. For these reasons, Defendant asks the Court to set this motion for hearing and, after the hearing, to compel Plaintiff to file adequate responses to Defendant’s Written Interrogatories and Requests for Production and find that Plaintiff waved her objections. Respectfully submitted, THE LAW OFFICE OF RALPH M. RODRIGUEZ, PLLC 1410 West Dove Avenue McAllen, Texas 78504 (956) 758-0300 Email: nick@tdlawtx.com By: Nicholas O. Denzer Nicholas O. Denzer Of Counsel State Bar No. 24092339 ATTORNEY FOR DEFENDANT Electronically Submitted 1/25/2024 4:54 PM Hidalgo County Clerk Accepted by: Carlos Guerra CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 25th day of January, 2024, a true and correct copy of the foregoing document has been sent to all counsel of record as follows: Via e-service Arturo R. Cantu 10113 North 10th Street Suite H McAllen, Texas 78504 Nicholas O. Denzer Nicholas O. Denzer 4 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Miriam Contreras on behalf of Guillermo Tijerina Bar No. 24056437 mcontreras@tdlawtx.com Envelope ID: 83812300 Filing Code Description: Motion (No Fee) Filing Description: Def Mtn to Compel Status as of 1/25/2024 4:59 PM CST Associated Case Party: Beatrice Cantu Name BarNumber Email TimestampSubmitted Status arturor @cantulawfirm.net arturor@cantulawfirm.net 1/25/2024 4:54:17 PM SENT Associated Case Party: Ricardo Saldivar Name BarNumber Email TimestampSubmitted Status Nicholas O. Denzer nick@tdlawtx.com 1/25/2024 4:54:17 PM SENT Stephanie Sells ssells@tdlawtx.com 1/25/2024 4:54:17 PM SENT