Judge: Craig Griffin, Case: Johnson v. Dodd, Date: 2023-08-28 Tentative Ruling

The unopposed motions to compel further responses to Special Interrogatories, Form Interrogatories and Requests for Production of Documents, all sets one, from Plaintiffs, Ronald Johnson and Kim Johnson (“Plaintiffs”) filed by Defendant, HSCA, Inc. (“HSCA”) are GRANTED.  (Code Civ. Proc., §§ 2030.300(a); 2031.310(a).) 

As HSCA has now shown that Plaintiffs were properly served with notice of the current hearing date for these motions (ROA 161), the Court will rule on the merits of the motions.

The motions demonstrate that HSCA served Plaintiffs with HSCA’s Special Interrogatories, Form Interrogatories and Requests for Production of Documents, all sets one, on December 30, 2022.  (Exhibits A to motions.)  On March 3, 2023, Plaintiffs served their responses to the subject discovery, which were comprised entirely of objections.  (Exhibits B to Motions.)  In addition, no documents responsive to the inspection demand were produced.  (Mikhaylova Decls. ¶ 5.)

Because the motions are unopposed, Plaintiffs fail to meet their burden to justify their objections and show how they apply to each of these discovery requests.  (Coy v. Sup.Ct. (Wolcher) (1962) 58 Cal.2d 210, 220-221; Kirkland v. Superior Court (2002) 95 Cal.App.4th 92, 98; Costco Wholesale Corp. v. Superior Court (2009) 47 Cal.4th 725, 733.)

Accordingly, the motions are GRANTED.  Plaintiffs are ordered to provide further code-compliant written responses within 20 days of notice of ruling.

The Court finds sanctions are warranted as Plaintiffs failed to offer any substantial justification for their failure to fully respond to the discovery requests.  (Code Civ. Proc., §§ 2030.300(d) and 2031.310(h).)  The Court imposes a reasonable monetary sanction in the amount of $1,200 per motion, for a total monetary sanction of $3,600, against Plaintiffs, payable to HSCA, through its counsel of record, within 30 days of notice of ruling.

Counsel for HSCA is to give notice.