Judge: Curtis A. Kin, Case: 22STCV16403, Date: 2023-01-17 Tentative Ruling

Case Number: 22STCV16403    Hearing Date: January 17, 2023    Dept: 72

MOTION TO COMPEL RESPONSES TO SPECIAL INTERROGATORIES, SET ONE

Date:         1/17/23 (8:30 AM)                 

Case:        Jacob Hernandez v. Pepe’s Towing et al. (22STCV16403)

TENTATIVE RULING:

Plaintiff Jacob Hernandez’s Motion to Compel Responses to Special Interrogatories is DENIED.

Plaintiff Jacob Hernandez moves for initial responses from defendant Pepe’s Inc. to Special Interrogatories, Set One.

“In general, the moving party must carry the initial burden of informing its opponent and the court of the specific basis for its motion.” (People v. Williams (1999) 20 Cal.4th 119, 129.)  “The memorandum must contain…evidence and arguments relied on….” (Rule of Court 3.1113(b).)

“In law and motion practice, factual evidence is supplied to the court by way of declarations.” (Calcor Space Facility, Inc. v. Superior Court (1997) 53 Cal.App.4th 216, 224.) The motion lacks a declaration. Accordingly, plaintiff did not provide any evidence that he served interrogatories on defendant or that defendant failed to respond to any interrogatories.

While plaintiff set forth the purported timeline regarding service of the interrogatories, meet and confer efforts, and defendant’s failure to respond (Mtn. at 3:5-13), “[a]n attorney's argument in pleadings is not evidence.” (Hebberd-Kulow Enterprises, Inc. v. Kelomar, Inc. (2013) 218 Cal.App.4th 272, 283.)

Because plaintiff failed to meet the initial burden on this motion, the motion is DENIED.