Judge: Armen Tamzarian, Case: 22STCV14586, Date: 2023-01-10 Tentative Ruling

Case Number: 22STCV14586    Hearing Date: January 10, 2023    Dept: 52

Plaintiff Munish Batra’s Motion to Compel Responses to Form Interrogatories to Defendant Anthony Bruce Eldridge

Plaintiff Munish Batra moves to compel defendant Anthony Bruce Eldridge to respond to form interrogatories and for monetary sanctions.

Order Compelling Responses

When a party fails to timely respond to interrogatories, the propounding party may move for an order compelling responses.  (CCP § 2030.290(b).)  Failing to timely respond waives any objections.  (CCP § 2030.290(a).) 

Plaintiff served form interrogatories, set one on Eldridge on September 13, 2022.  (Altieri Decl., ¶ 4, Ex. 1.)  Eldridge did not respond by the deadline and “has not provided any responses to date.”  (Altieri Decl., ¶ 4.)  Plaintiff is therefore entitled to an order compelling Eldridge to serve responses to form interrogatories, set one.

Sanctions

Plaintiff moves for $1,600 in sanctions against Eldridge for failing to respond to authorized discovery under Code of Civil Procedure section 2023.010(d).  Under a recent decision by the Court of Appeal, the court cannot issue sanctions on that basis.  City of Los Angeles v. PricewaterhouseCoopers, LLC (2022) 84 Cal.App.5th 466 held that sections 2023.010 and 2023.030 are “definitional statutes” which, “standing alone or read together, do not authorize the court to impose sanctions in a particular case.”  (Id. at p. 498.)  Instead, sanctions require an independent authorizing statute, such as those governing each discovery method.  (Ibid.) 

For a motion to compel responses to interrogatories, the Discovery Act authorizes sanctions against someone “who unsuccessfully makes or opposes” such a motion or someone who disobeys “an order compelling answers.”  (CCP § 2030.290(c).)  Those circumstances do not apply.  Eldridge did not oppose the motion.  He has not disobeyed an order compelling answers.  The court cannot impose monetary sanctions against him.  The court denies plaintiff’s request for sanctions.

Disposition

            Plaintiff’s motion is granted.  Defendant Anthony Bruce Eldridge is hereby ordered to serve verified responses without objections to form interrogatories, set one, within 30 days.