Judge: Erick L. Larsh, Case: 01246661, Date: 2023-08-31 Tentative Ruling
Motion No. 1. Plaintiff Miguel Rafael Ileto Carlos’s Motions to Compel Defendant Lidta Phu to Serve Further Responses to Plaintiff’s Special Interrogatories, Set No. 1 is granted in part.
Motion No. 2. Plaintiff Miguel Rafael Ileto Carlos’s Motions to Compel Defendant Lidta Phu to Serve Further Responses to Plaintiff’s Form Interrogatories, Set No. 1 is granted in part.
Motion No. 3.Plaintiff Miguel Rafael Ileto Carlos’s Motions to Compel Defendant Dony Tran to Serve Further Responses to Plaintiff’s Form Interrogatories, Set No. 1 is granted in part.
If a timely motion to compel has been filed, the burden is on the responding party to justify any objection or failure fully to answer the interrogatories. (See Coy v. Superior Court (1962) 58 Cal.2d 210, 220-21; Fairmont Ins. Co. v. Superior Court (2000) 22 Cal.4th 245, 255. ) Plaintiff documented an agreement extend the filing deadline for this motion until the filing date.
As defendants failed to meaningfully oppose the motion, they failed to justify their objections and/or failure to fully answer the interrogatories.
Defendant Lidta Phu is ordered to serve verified, non-evasive responses without objections to plaintiff’s form and special interrogatories within ten days. Defendant Dony Tran is ordered to serve verified, non-evasive responses without objections to plaintiff’s form interrogatories within ten days.
The court imposes monetary sanctions against Lidta Phu in the amounts of $2,475.67 for Motion No. 1 and $2,475.67 for Motion No. 2, for a total of $4,951.34. The court imposes monetary sanctions against Dony Tran in the amount of $2,475.67. All sanctions are to be paid to counsel for plaintiff within thirty days.
Plaintiff is ordered to give notice.