Judgment Creditor Yolanda Lopez Perez’s Motions to Compel Responses to Post-Judgment Special Interrogatories and Requests for Production

Judgment creditor Yolanda Lopez Perez moves to compel judgment debtor Color Story Textile, Inc. to respond to special interrogatories and requests for production, set one. 

A judgment creditor may propound interrogatories (CCP § 708.020) and demand inspection of documents (§ 708.030) from a judgment debtor pursuant to the Civil Discovery Act.  When a party fails to serve a timely response to interrogatories or demands for inspection, the requesting party may move for an order compelling responses.  (CCP §§ 2030.290(b) [interrogatories]; 2031.300(b) [demands for inspection].) The responding party also waives any objections.  (§§ 2030.290(a); 2031.300(a).) 

Judgment debtor failed to serve timely responses to these discovery requests.  Judgment creditor served post-judgment special interrogatories, set one, and requests for production, set one on judgment debtor by mail on May 13, 2024.  (Villareal Decl., ¶ 2, Ex. A.)  Judgment debtor had not served responses as of November 5, 2024, when judgment creditor filed these motions.  (Id., ¶ 4.)  Judgment creditor is therefore entitled to an order compelling judgment debtor to serve verified responses without objections to these discovery requests.

Sanctions

In each motion, judgment creditor moves for $889.50 in sanctions against judgment debtor.  Failing to respond to an authorized method of discovery is a misuse of the discovery process subject to monetary sanctions.  (CCP § 2023.010(d).)  Judgment debtor did not respond to authorized discovery.  It did not act with substantial justification.  Sanctions are just under the circumstances.  Judgment creditor reasonably incurred all expenses she claims.   

Disposition

Judgment creditor Yolanda Lopez Perez’s motion to compel responses to post-judgment special interrogatories is granted.  Judgment debtor Color Story Textile, Inc. is ordered to serve verified responses without objections to post-judgment special interrogatories, set one, within 30 days.  Judgment debtor Color Story Textile, Inc. is ordered to pay judgment creditor $889.50 in sanctions within 30 days.

Judgment creditor Yolanda Lopez Perez’s motion to compel responses to post-judgment requests for production is granted.  Judgment debtor Color Story Textile, Inc. is ordered to serve verified responses without objections to post-judgment requests for production, set one, within 30 days.  Judgment debtor shall serve all responsive documents concurrently with its verified written responses.  Judgment debtor Color Story Textile, Inc. is ordered to pay judgment creditor $889.50 in sanctions within 30 days