Judge: Gary I. Micon, Case: 23CHCV00886, Date: 2024-04-05 Tentative Ruling

Case Number: 23CHCV00886    Hearing Date: April 12, 2024    Dept: F43

Dept. F43

Date: 4-12-24

Case #23CHCV00886 , Raul Gutierrez, et al. vs. Hector Vidal Ramirez, et al.

Trial Date: 3-17-2025

MOTION TO COMPEL FURTHER RESPONSES

MOVING PARTY: Plaintiff Raul Gutierrez

RESPONDING PARTY: Defendant Hector Vidal-Ramirez

RELIEF REQUESTED

Compelling verified further responses to Plaintiff’s form interrogatories, as well as sanctions.

RULING: Motion denied as moot; sanctions awarded in the amount of $500

SUMMARY OF ACTION

On May 31, 2023, Plaintiff Raul Gutierrez (Plaintiff) served Defendant Hector Vidal-Ramirez (Defendant) with Form Interrogatories, Set One. Defendant’s responses were due on July 5, 2023. On August 11, 2023, Plaintiff’s counsel file a motion to compel Defendant’s responses to the Form Interrogatories. On December 12, 2023, this Court granted Plaintiff’s motion and ruled that Defendant must serve the response within 10 days. On January 8, 2024, Defendant served his responses to the Form Interrogatories. The next day, Defense Counsel served the executed verification form. On January 15, 2024, Plaintiff’s counsel met and conferred with Defense Counsel regarding the deficiencies with Defendant’s responses. Plaintiff requested that amended verified responses be served no later than January 29, 2024. On January 29, Defense Counsel request a 14-day extension, which Plaintiff’s counsel granted. On February 16, 2024, Defendant served unverified supplemental responses to Plaintiff’s interrogatories. On February 20 and 21, Plaintiff informed Defendant that Plaintiff did not receive Defendant’s verification. On February 26, 2024, Defendant again served Amended Responses to the Form Interrogatories, but these were also unverified.

Plaintiff filed this motion on March 8, 2024. Plaintiff seeks an order compelling Defendant to serve verified responses. Plaintiff also seeks sanctions in the amount of $500.00 against Defendant and/or Defendant’s counsel of record for having to bring the motion.

On March 15, 2024, Defendant filed an opposition indicating that he served verified amended responses to Plaintiff’s Form Interrogatories via email on March 7, 2024. Defendant indicates that the late service was due to internal clerical issues at his counsel’s law firm. Defendant also requests that sanctions be imposed against his counsel’s law firm only. No reply has been filed.

ANALYSIS

If a party to whom interrogatories were directed fails to serve a timely response, the propounding party may move for an order compelling responses and a monetary sanction. (CCP § 2030.290(b); Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 404.)

Though untimely, Defendant has now served verified responses to Plaintiff’s Form Interrogatories, Set One. Plaintiff did not file a reply, so there is no indication that the responses were inadequate. Therefore, the Court will not issue an order compelling further responses to the interrogatories. However, as discussed below, sanctions will be imposed on Defendant’s counsel.

Sanctions

When a party files a motion to compel responses to interrogatories, the Court shall award monetary sanctions to the prevailing party – unless the adverse party opposes the motion “with substantial justification” or otherwise determines that the imposition of sanctions would be “unjust.” (CCP § 2030.290(c).)

Plaintiff has requested sanctions in the amount of $500.00 against Defendant and/or Defendant’s counsel of record for having to bring this motion. The amount that Plaintiff has requested appears to be reasonable for this motion.

Defendant’s counsel has requested that the sanctions be imposed against Defendant’s counsel’s firm, Martinez, Dieterich & Zarcone Legal Group, only, and not against Defendant. The Court will honor this request

Plaintiff’s request for sanctions against Defendant’s counsel of record is granted in the amount of $500.00 for this motion.

ORDER

1.      Plaintiff’s motion to compel further responses to form interrogatories is denied as moot.

2.      Defendant’s counsel of record is ordered to pay sanctions in the total amount of $500.00. Defendant’s counsel of record is ordered to pay these sanctions to Plaintiff’s counsel within twenty (20) days.