Judge: Daniel M. Crowley, Case: 22STCV04509, Date: 2023-01-19 Tentative Ruling

Case Number: 22STCV04509    Hearing Date: January 19, 2023    Dept: 28

Ruling on Defendant Higino Deharo Sotelo’s Unopposed Motions to Compel Responses to Form Interrogatories, Special Interrogatories and Request for Production

            Having reviewed Defendant Higino Deharo Sotelo’s unopposed Motions to Compel Responses to Form Interrogatories, Special Interrogatories, and Request for Production of Documents, the Court rules as follows.

            On April 13, 2022, Defendant Higino Deharo Sotelo served Form Interrogatories, Set No. One, Special Interrogatories, Set No. One, and Request for Production of Documents, Set No. One, on Plaintiff James Oballes.

            Responses were due on October 17, 2022. Plaintiff James Oballes has failed to provide timely responses. Defendant Higino Deharo Sotelo now moves to compel code-compliant responses.

            The Court grants the motions to compel responses to the form and special interrogatories pursuant to Code of Civ. Proc. § 2030.290(b) and orders Plaintiff James Oballes to provide verified responses to the interrogatories compliant with Code of Civ. Proc. §§ 2030.210 (a) and 2030.220 without objections by January 29, 2023. The Court grants the motion to compel responses to the request for production and production of items pursuant to Code of Civ. Proc. § 2031.300 and orders Plaintiff James Oballes to provide verified responses pursuant to Code of Civ. Proc. § 2031.210 and to produce the documents, electronically stored information, and/or other things requested without objections by January 29, 2023.

Defendant Higino Deharo Sotelo requests monetary sanctions totaling $184.95.

The Court awards sanctions pursuant to Code of Civ. Proc. § 2023.030 (a), Code of Civ. Proc. § 2030.290 (c) and Code of Civ. Proc. § 2031.300 (c) in the amount of $184.95, calculated as follows:

Defendant requests $61.65 for each motion, based upon the requisite filing fees. The Court finds the request reasonable and grants it in full.

The sanctions total $184.95 and are payable by Plaintiff James Oballes and his counsel by February 18, 2023.

Moving Party is to give notice of this ruling.