Judge: Armen Tamzarian, Case: 22STCV38735, Date: 2024-01-05 Tentative Ruling
Case Number: 22STCV38735 Hearing Date: January 5, 2024 Dept: 52
Cross-complainant Christina
Salvador moves to compel cross-defendant Christian Home Care Referral Agency,
Inc. (Christian Home) and cross-defendant Bernadine Elopre to respond to form
interrogatories, set two. When the
responding 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).)
Salvador is entitled to an order
compelling cross-defendants to respond to form interrogatories – general, set
two. Salvador served the interrogatories
on each cross-defendant on August 9, 2023.
(Armstrong Decls., ¶ 2, Ex. A.) Salvador
agreed to extend cross-defendants’ deadline to respond to September 28,
2023. (Id., ¶ 3, Ex. B.) Cross-defendants had not responded as of
October 19, 2023, when Salvador filed this motion. (Id., ¶ 4.) Cross-defendants therefore did not timely
respond to Salvador’s interrogatories and waived any objections to them.
Sanctions
In
each motion, Salvador moves for $1,285 in sanctions. Failing to respond to an authorized method of
discovery is a misuse of the discovery process subject to monetary
sanctions. (CCP § 2023.010(d).) Cross-defendants Christian Home and Elopre
failed to respond to authorized discovery.
Sanctions are warranted.
Salvador
did not reasonably incur $1,285 in expenses for each motion. That sum includes an anticipated $350 in
attorney fees for one hour spent drafting replies to cross-defendants’
oppositions. (Armstrong Decls., ¶
9.) Cross-defendants did not file
oppositions. Salvador did not file
replies. The court will therefore reduce
the requested sanctions by $350 and impose $935 in sanctions against each
cross-defendant.
Disposition
Cross-complainant Christina Salvador’s motion to
compel cross-defendant Christian Home
Care Referral Agency, Inc. to respond to form interrogatories is granted.
Cross-defendant Christian Home Care Referral Agency, Inc. is ordered to serve verified responses to cross-complainant
Salvador’s form interrogatories – general, set two, without objections within
20 days. Cross-defendant Christian Home
Care Referral Agency, Inc. is ordered to pay
cross-complainant Salvador $935 in sanctions within 20 days.
Cross-complainant Christina Salvador’s motion to
compel cross-defendant Bernadine Elopre to
respond to form interrogatories is granted. Cross-defendant Bernadine Elopre
is ordered to serve verified responses to
cross-complainant Salvador’s form interrogatories – general, set two, without
objections within 20 days. Cross-defendant Bernadine Elopre is ordered to pay cross-complainant Salvador $935 in
sanctions within 20 days.