Judge: Gary I. Micon, Case: 23CHCV01925, Date: 2024-08-26 Tentative Ruling

Case Number: 23CHCV01925    Hearing Date: August 26, 2024    Dept: F43

, Alex Hopkins vs. Gilberto Soto

Trial Date: 4-7-25

MOTION TO COMPEL RESPONSES TO SPECIAL INTERROGATORIES

MOVING PARTY: Defendant Gilberto Soto

RESPONDING PARTY: No response has been filed.

RELIEF REQUESTED

Plaintiff Alex Hopkins’ responses to Defendant’s Special Interrogatories, as well as sanctions.

RULING: Motion is granted.

SUMMARY OF ACTION

On March 5, 2024, Defendant Gilberto Soto (Defendant) served special interrogatories on Plaintiff Alex Hopkins (Plaintiff). Defendant had not received any responses by May 2, 2024, so Defendant’s counsel wrote to Plaintiff’s counsel that the answers were due. Defendant has not received any answers to the Special Interrogatories.

Defendant filed this motion to compel discovery responses to the special interrogatories on July 1, 2024. No opposition has been filed. Defendant also requests sanctions in the amount of $588.00 against Plaintiff.

Special 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).)

Plaintiff has failed to respond to Defendant’s Special Interrogatories. Defendant has moved for an order compelling Plaintiff’s response to these Interrogatories. The Court grants Defendant’s motion to compel responses to the Special 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).)

Defendant has requested sanctions in the amount of $588.00 against Plaintiff. The amount was based on Defendant’s counsel spending 3 hours preparing this motion and attending the hearing on the motion at $175.00 an hour, plus the $60 filing fee. (Opfell Decl., ¶ 6.) The Court grants the sanctions in the full requested amount.

Defendant’s request for sanctions against Plaintiff is granted in the total amount of $588.00.

ORDER

1.      Defendant’s motion to compel responses to the special interrogatories is granted.

2.      Plaintiff is ordered to serve responses within twenty (20) days.

3.      Plaintiff is ordered to pay sanctions in the total amount of $588.00. Plaintiff is ordered to pay these sanctions to Defendant’s counsel within twenty (20) days.

4.      Moving party to give notice.