Judge: Christopher K. Lui, Case: 21STCV47105, Date: 2023-01-03 Tentative Ruling

Case Number: 21STCV47105    Hearing Date: January 3, 2023    Dept: 76

This is an action to recover rent, lates charges and interest pursuant to a commercial lease, as well as reimbursement for fines paid to the city and required repairs. 

Default judgment was entered on July 1, 2022. 

Judgment Creditor D & D Monroe Properties, LLC moves for an order compelling answers to judgment creditor’s post-judgment special interrogatories, set one, and requests the imposition of sanctions against Defendant/Judgment Debtor Gerardo Bernal.

TENTATIVE RULING

Judgment Creditor D & D Monroe Properties, LLC’s motion to compel responses to Post-Judgment Special Interrogatories, Set One is GRANTED. Defendant/Judgment Creditor Gerardo Bernal is ordered to provide verified responses without objection within 20 days of this Order.

            Plaintiff’s request for sanctions against Defendant/Judgment Debtor Gerardo Bernal is GRANTED in the reduced amount of $836.65. Sanctions are to be paid to Plaintiff/Judgment Creditor’s counsel within 20 days.

ANALYSIS

Motion To Compel Responses To Post-Judgment Special Interrogatories

            Plaintiff moves for an order compelling answers to judgment creditor’s post-judgment special interrogatories, set one, and requests the imposition of sanctions against Defendant/Judgment Debtor Gerardo Bernal.

In order to determine a debtor's assets, a judgment creditor may propound written interrogatories and/or demand the production of documents in the manner provided by the general discovery statutes, and the judgment debtor's response must likewise follow the same discovery provisions. (§§ 708.020, 708.030.) By propounding interrogatories and demanding the production of documents, a creditor may obtain needed information by  [*581]  relatively simple and inexpensive means.

(Lee v. Swansboro Country Property Owners Assn. (2007) 151 Cal.App.4th 575, 580-81.)

When a party to whom interrogatories are directed fails to respond, under CCP § 2030.290(b) a party propounding the interrogatories may move for an order compelling a response. A party who fails to provide a timely response waives any objection, including one based on privilege or work product. (Civ. Proc. Code, § 2030.290(a).) For a motion to compel initial responses, no meet and confer is required. All that needs to be shown is that a set of interrogatories was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served. (Leach v. Sup. Ct. (1980) 111 Cal.App.3d 902, 905-06.)

Here, as of the date of the filing of the motion, Plaintiff/Judgment Creditor had not received any responses to form interrogatories from Defendant/Judgment Debtor  Gerardo Bernal. (See Declaration of Michael A. Abramson, ¶ 6.) Accordingly, Plaintiff/Judgment Creditor is entitled to an order compelling responses. 

The motion to compel responses to Post-Judgment Special Interrogatories, Set One is GRANTED. Defendant/Judgment Creditor Gerardo Bernal is ordered to provide verified responses without objection within 20 days of this Order.

            Plaintiff’s request for sanctions against Defendant/Judgment Debtor Gerardo Bernal is GRANTED in the reduced amount of $836.65 for 1 hour at $750/hour, a $61.65 filing fee and $25 messenger fee (Abramson Decl., ¶¶ 7, 8.) Sanctions are to be paid to Plaintiff/Judgment Creditor’s counsel within 20 days.