Judge: Gary I. Micon, Case: 23CHCV00677, Date: 2024-09-11 Tentative Ruling

Case Number: 23CHCV00677    Hearing Date: September 11, 2024    Dept: F43

Evelio Cardona Marroquin, et al. vs. Hernan Preciado Corona, et al.

Trial Date: 11-10-25

MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES

MOVING PARTY: Defendants Hernan Preciado Corona and Maria Corona

RESPONDING PARTY: No response has been filed.

RELIEF REQUESTED

Plaintiffs’ responses to Defendants’ Form Interrogatories, as well as sanctions.

RULING: Motion is granted.

SUMMARY OF ACTION

On May 10, 2024, Defendants Hernan Preciado Corona and Maria Corona (Defendants) served form interrogatories on Plaintiffs Evelio Cardona Marroquin and Carolina Paz (Plaintiffs). Defendants had not received any responses by June 11, 2024, so Defendants’ counsel wrote to Plaintiffs’ counsel on June 14 that the answers were due. Defendants have not received any answers to the Form Interrogatories.

Defendants filed this motion to compel discovery responses to the form interrogatories on July 25, 2024. No opposition has been filed. Defendants also request sanctions in the amount of $760.00 against Plaintiffs.

Form Interrogatories

The propounding party may move for an order compelling responses and monetary sanctions if a party to whom the interrogatories are directed fails to respond. (CCP §§ 2030.290, 2030.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 404.) Responses to interrogatories are due within thirty days from the date of service of the interrogatories. (CCP §§ 2030.260(a), 2016.050.) The responding party waives any objections to the interrogatories by failing to serve responses in a timely manner. (CCP § 2030.290(a).)

Plaintiffs have failed to respond to Defendants’ Form Interrogatories. Defendants have moved for an order compelling Plaintiffs’ responses to these Interrogatories. The Court grants Defendants’ motion to compel responses to the Form Interrogatories.

Sanctions

CCP § 2023.030 authorizes the Court to issue sanctions against a party engaging in conduct that is a misuse of the discovery process. Failure to respond to discovery, evasive responses, and objections lacking substantial justification are “misuses of the discovery process.” (CCP § 2023.010, subd. (d)-(f).)

Defendants have requested sanctions in the amount of $760.00 against Plaintiffs and Plaintiffs’ attorney of record. The amount was based on Defendants’ counsel spending 4 hours preparing this motion and attending the hearing on the motion at $175.00 an hour, plus the $60 filing fee. (Hiller Decl., ¶ 5.) The Court grants the sanctions in the full requested amount.

Defendants’ request for sanctions against Plaintiffs and Plaintiffs’ attorney of record is granted in the total amount of $760.00.

ORDER

1.      1. Defendants’ motion to compel responses to the form interrogatories is granted.

2.      2. Plaintiffs are ordered to serve responses within twenty (20) days.

3.      3. Plaintiffs and Plaintiffs’ attorney of record are ordered to pay sanctions in the total amount of $760.00. Plaintiffs and Plaintiffs’ attorney of record are ordered to pay these sanctions to Defendants’ counsel within twenty (20) days.

4.      4. Moving party to give notice.