Judge: David A. Hoffer, Case: 30-2021-1233367, Date: 2022-10-24 Tentative Ruling

The motion by Gerald Lau for an order compelling further responses from Defendant Berenice Garcia to Special Interrogatories, Set One, and request for monetary sanctions, is GRANTED.

The three interrogatories at issue seek contact information related to the defendants.  Through the meet and confer process, plaintiff has limited the information sought.  While Berenice Garcia provided supplemental responses along with her opposition, the supplemental responses continue to be evasive and incomplete.  Garcia has failed to justify her objections to this discovery.  “While the party propounding interrogatories may have the burden of filing a motion to compel if it finds the answer it receives unsatisfactory, the burden to justify any objection and failure to respond remains at all times with the party resisting an interrogatory. [Citation.]”  (Williams v. Superior Court (2017) 3 Cal.5th 531, 541; See also, Coy v. Superior Court (1962) 58 Cal.2d 210, 220-221.)

Berenice Garcia is ordered to provide a further answer to Special Interrogatory No. 1 that seeks the current and prior residence and work addresses, the cell phone number, work phone number and email address for defendants Luis Saba, Drix Fuentes, Ricardo Leyva, Evarardo Acala and Juan Garcia.  If complete information is not provided, Berenice Garcia shall state what efforts were made to locate the requested information.  “If only partial answers can be supplied, the answers should reveal all information then available to the party. If a person cannot furnish details, he should set forth the efforts made to secure the information. He cannot plead ignorance to information which can be obtained from sources under his control.” (Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 782.)

Berenice Garcia is ordered to provide a further response to Special Interrogatories Nos. 2 & 3 as follows:  Berenice Garcia shall state whether or not defendant Juan Garcia is her boyfriend or husband and, if so, to then provide the current and prior residence and work address, the cell phone number, work phone number and email address for Juan Garcia.  If Juan Garcia is not Berenice Garcia’s boyfriend or husband, then she shall so state.

Civil Procedure Code section 2030.290(c) requires the court to “impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response to interrogatories, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.”  (Civil Proc. Code, § 2030.290, subd. (c).)  Sanctions are appropriate even though supplemental responses provided. (Cal. Rules of Court, rule 3.1348(a).) 

The Court orders Berenice Garcia to pay sanctions in the amount of $1,905 to plaintiff, by and through his attorney, within 60 days.

The Court orders Berenice Garcia to provide verified further responses as set forth herein not later than October 31, 2022. 

Moving party is ordered to give notice of this ruling.