Judge: Armen Tamzarian, Case: 21STCV43011, Date: 2023-10-31 Tentative Ruling

Case Number: 21STCV43011    Hearing Date: November 3, 2023    Dept: 52

Plaintiff/Judgment Creditor Cameron Moore’s Motions to Compel Responses to (1) Interrogatories and (2) Document Demands

Plaintiff/judgment creditor Cameron Moore moves to compel defendant/judgment debtor Zachery Ty Bryan to respond to interrogatories and demands for production of documents.

            After judgment, a judgment creditor “may propound written interrogatories to the judgment debtor” (CCP § 708.020(a)) and “may demand that any judgment debtor produce and permit” the creditor “to inspect and to copy a document that is in [debtor’s] possession, custody, or control” (CCP § 708.030(a)). 

When the responding party fails to timely respond to interrogatories or requests for production, the requesting party may move for an order compelling responses.  (CCP §§ 2030.290(b) [interrogatories]; 2031.300(b) [requests for production].)  Failing to timely respond waives any objections.  (CCP §§ 2030.290(a); 2031.300(a).) 

Interrogatories

            Moore is entitled to an order compelling Bryan to respond to Moore’s special interrogatories.  On July 6, 2023, Moore served post-judgment interrogatories on Bryan.  (Sampson Decl., ¶ 12, Ex. 3.)  Bryan had not served any response as of when Moore’s counsel executed his declaration in support of this motion on August 30, 2023.  (Id., ¶ 13.)  Bryan therefore did not timely respond to Moore’s interrogatories and waived any objections to them.

Document Demands

            Moore is entitled to an order compelling Bryan to respond to Moore’s document demands.  On July 6, 2023, Moore served post-judgment document demands on Bryan.  (Sampson Decl., ¶ 12, Ex. 3.)  Bryan had not served any response as of when Moore’s counsel executed his declaration in support of this motion on August 30, 2023.  (Id., ¶ 13.)  Bryan therefore did not timely respond to Moore’s document demands and waived any objections to them. 

Sanctions

In each motion, Moore moves for $1,100 in monetary sanctions against Bryan.  Failing to respond to an authorized method of discovery is a misuse of the discovery process subject to monetary sanctions.  (CCP § 2023.010(d).)  Bryan did not respond to authorized discovery.  Bryan did not act with substantial justification and sanctions are just under the circumstances.  Moore reasonably incurred $1,100 in expenses for each motion. 

Disposition

            Plaintiff/judgment creditor Cameron Moore’s motion to compel responses to interrogatories is granted.  Defendant/judgment debtor Zachery Ty Bryan is ordered to serve verified responses without objections to Moore’s special interrogatories, set one (Nos. 1-22) within 30 days.  Defendant/judgment debtor Zachery Ty Bryan is ordered to pay plaintiff/judgment creditor Cameron Moore $1,100 in sanctions within 30 days.

            Plaintiff/judgment creditor Cameron Moore’s motion to compel responses to document demands is granted.  Defendant/judgment debtor Zachery Ty Bryan is ordered to serve verified responses without objections to Moore’s document demands, set one (Nos. 1-52) within 30 days.  Defendant/judgment debtor Zachery Ty Bryan is ordered to pay plaintiff/judgment creditor Cameron Moore $1,100 in sanctions within 30 days.