On January 14, 2020, Plaintiff Zoltan Ladany filed the instant action against Defendant Robert A. Young, individually and as Trustee of the Ladany Trust Dated May 8, 1993, and Does 1 through 25. The Complaint asserts causes of action for:


Breach of Fiduciary Duty;

Accounting; and

Breach of Contract (Intended Third-Party Beneficiary).

Plaintiff now seeks to compel Defendant’s responses, without objections to Plaintiff’s First Set of Requests for Production of Documents.

Legal Standard

For a motion to compel initial discovery responses, all a propounding party must show is that it properly served its discovery requests, that the time to respond has expired, and that the party to whom the requests were directed failed to provide a timely response. (See Leach v. Superior Court (1980) 111 Cal.App.3d 902, 905 906.) Indeed, "[o]nce [a party] 'fail[ed] to serve a timely response,' the trial court had authority to grant [opposing party's]