Judge: Alison Mackenzie, Case: 23STCV20476, Date: 2024-01-19 Tentative Ruling
Case Number: 23STCV20476 Hearing Date: February 5, 2024 Dept: 55
NATURE OF PROCEEDINGS: Plaintiff John
Oursland’s Motion to Compel Defendant Joe Sherman’s Compliance With
Plaintiff’s Requests for Production Of Documents, Set One; Request for Order
Awarding Monetary Sanctions in the Amount of $3,060.00 Against Sherman. Motion Thereof to Compel Defendant Joe
Sherman to Provide Verified Answers, Without Objections, to Form
Interrogatories, Set One; Request for Monetary Sanctions in the Amount of
$3,060.00 Against Sherman.
Plaintiff has filed a motion to compel initial
responses to his Requests for Production of Documents, Set One, and to Form
Interrogatories, set One, and to obtain monetary sanctions, as to each motion,
in the amount of $3,060.00, against Defendant. Plaintiff seeks this order due
to Defendant’s failure to serve responses. On 10/5/2023, Plaintiff propounded
the document requests and form interrogatories on Defendant via mail. (Ex. A to
Gerber Decl., ¶ 2.) Responses were due on or before 11/9/2023, pursuant to CCP
§§ 2030.260(a) 2031.260, and 1013. To date, Defendant has not responded to Plaintiff’s
Requests for Production of Documents and Form Interrogatories. (Gerber Decl., ¶
5.)
Plaintiff’s motions show that Defendant failed to
respond timely to the subject discovery requests. There is no indication Defendant served
responses between the time Plaintiff filed the motion and the hearing. Furthermore,
the motion is unopposed. Accordingly, the unopposed motion is granted.
On or before 2/26/2024,
Defendant JOE SHERMAN shall serve initial responses, without objections, and in
full compliance with the California Discovery Act, CCP §2016.010 et seq., as to
the requests for production of documents and form interrogatories served by Plaintiff
JOHN OURSLAND.
Additionally, on or before 2/26/2024, Defendant JOE
SHERMAN shall pay discovery sanctions in the total requested sum of $6,120.00
to Plaintiff JOHN OURSLAND, the Court finding the absence of substantial
justification. CCP § 2023.030.