Judge: Armen Tamzarian, Case: 24STCV05888, Date: 2025-05-19 Tentative Ruling

Case Number: 24STCV05888    Hearing Date: May 19, 2025    Dept: 52

Plaintiff Benigno Cruz’s Motions to Compel Responses to (1) Form Interrogatories, (2) Special Interrogatories, and (3) Demand for Production

Plaintiff Benigno Cruz moves for orders compelling defendant Sixty Six Exchange Group, Inc. to respond to Cruz’s form interrogatories – general, set one, special interrogatories, set one, and demand for production and identification of documents, set one. 

A party must respond to written discovery “[w]ithin 30 days after service.”  (Code Civ. Proc., §§ 2030.260(a) [interrogatories], 2031.260(a) [requests for production].)  When the responding party fails to serve a timely response to interrogatories or requests for production, the requesting party may move for an order compelling responses.  (Code Civ. Proc., §§ 2030.290(b) [interrogatories], 2031.300(b) [requests for production].)  Failing to serve a timely response results in waiving any objections.  (Code Civ. Proc., §§ 2030.290(a), 2031.300(a).) 

Defendant failed to serve timely responses to plaintiff’s discovery requests.  Cruz served his form interrogatories – general, set one, special interrogatories, set one, and demand for production and identification of documents, set one, on defendant by email on October 31, 2024.  (Mere Decls., ¶ 3, Ex. A.)  Defendant did not serve responses within 30 days (id., ¶¶ 4-5) and therefore waived any objections.  Cruz then agreed to allow defendant to respond without objections by January 17, 2025.  (Id., ¶ 8, Ex. D.)  Cruz had not received any responses when he filed these motions on March 5, 2025.  (Id., ¶ 10, Ex. F.)  Cruz is therefore entitled to orders compelling defendant to respond to the interrogatories and requests for production without objections.

Sanctions

In each motion, Cruz moves for monetary sanctions against defendant.  Failing to respond to an authorized method of discovery is a misuse of the discovery process subject to monetary sanctions.  (Code Civ. Proc., § 2023.010(d).)  Defendant failed to respond to authorized discovery.  It did not act with substantial justification.  Sanctions are just under the circumstances.  Cruz reasonably incurred the expenses claimed for each motion.

Disposition

            Plaintiff Benigno Cruz’s motion to compel defendant Sixty Six Exchange Group, Inc. to respond to form interrogatories – general is granted.  Defendant is ordered to serve verified responses without objections to Cruz’s form interrogatories – general, set one, within 30 days.  Defendant is ordered to pay plaintiff Benigno Cruz $1,185 in sanctions within 30 days.

Plaintiff Benigno Cruz’s motion to compel defendant Sixty Six Exchange Group, Inc. to respond to special interrogatories is granted.  Defendant is ordered to serve verified responses without objections to Cruz’s special interrogatories, set one, within 30 days.  Defendant is ordered to pay plaintiff Benigno Cruz $510 in sanctions within 30 days.

Plaintiff Benigno Cruz’s motion to compel defendant Sixty Six Exchange Group, Inc. to respond to demand for production is granted.  Defendant is ordered to serve verified responses without objections to Cruz’s demand for production, set one, within 30 days.  Defendant shall produce all responsive documents concurrently with its verified written responses.  Defendant is ordered to pay plaintiff Benigno Cruz $960 in sanctions within 30 days.