Judge: Armen Tamzarian, Case: BC592543, Date: 2022-12-07 Tentative Ruling

Case Number: BC592543    Hearing Date: December 7, 2022    Dept: 52

Judgment Creditor Anthony Rosania’s Motions to Compel Responses to (1) Post Judgment Interrogatories; and (2) Post Judgment Inspection Demands

Judgment creditor Anthony Rosania moves to compel judgment debtor Shayn Scott to respond to postjudgment interrogatories and inspection demands.  “The judgment creditor may propound written interrogatories to the judgment debtor” (CCP § 708.020(a)) and “may demand that any judgment debtor produce” documents (CCP § 708.030(a)) as under the Civil Discovery Act.

When a party fails to timely respond 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].)  Failure to timely respond waives any objections.  (CCP §§ 2030.290(a); 2031.300(a).)

Judgment creditor Rosania served postjudgment interrogatories and inspection demands on debtor Scott on April 7, 2022.  (Vosylius Decls., ¶ 3, Ex. C.)  Scott never responded.  (Vosylius Decls., ¶¶ 4-6.)  Rosania is therefore entitled to an order compelling Scott to serve responses to these discovery requests.

Sanctions

Judgment creditor Rosania moves for $1,361.65 in sanctions in the motion to compel responses to interrogatories and $874.15 in sanctions in the motion to compel responses to inspection demands.  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 Scott did not respond to authorized discovery served by Rosania.  The court finds Scott did not act with substantial justification and sanctions are just under the circumstances.  The court finds Rosania reasonably incurred the expenses claimed in each motion.

Disposition

Judgment creditor Anthony Rosania’s motion to compel judgment debtor Shayn Scott to respond to postjudgment interrogatories is granted.  Judgment debtor Shayn Scott is ordered to serve verified responses without objections to Rosania’s first set of postjudgment interrogatories by January 5, 2023.  Judgment debtor Shayn Scott is ordered to pay judgment creditor Anthony Rosania $1,361.65 in sanctions by January 5, 2023.

Judgment creditor Anthony Rosania’s motion to compel judgment debtor Shayn Scott to respond to postjudgment inspection demands is granted.  Judgment debtor Shayn Scott is ordered to serve verified responses without objections to Rosania’s first set of postjudgment inspect demands by January 5, 2023.  Judgment debtor Shayn Scott is ordered to pay judgment creditor Anthony Rosania $874.15 in sanctions by January 5, 2023.