Judge: Gregory Keosian, Case: 21STCV23782, Date: 2022-10-19 Tentative Ruling

Case Number: 21STCV23782    Hearing Date: October 19, 2022    Dept: 61

Defendant Enk Apparel, Inc.’s Motion to Compel Responses to Form Interrogatories from Plaintiff Mi in Fashion, Inc. is GRANTED. Sanctions are awarded against Plaintiff and its counsel of record in the amount of $2,575, as well as filing fees.

Defendants to provide notice.

I.                   MOTION TO COMPEL

A propounding party may demand a responding party to produce documents that are in their possession, custody or control. (Code Civ. Proc., § 2031.010.) A party may likewise conduct discovery by propounding interrogatories to another party to be answered under oath. (Code Civ. Proc. § 2030.010, subd. (a).) The responding party must respond to the production demand either by complying, by representing that the party lacks the ability to comply, or by objecting to the demand. (Code Civ. Proc., § 2031.210.) The responding party must respond to the interrogatories by answering or objecting. (Code Civ. Proc. § 2030.210, subd. (a).) If the responding party fails to serve timely responses, the propounding party may move for an order compelling responses to the production demand and interrogatories. (Code Civ. Proc., §§ 2030.290, 2031.300.)

A party who fails to serve a timely response to interrogatories or a demand for inspection waives any objection to the demand. (Code Civ. Proc., §§ 2030.290, 2031.300.)

Defendant ENK Apparel, Inc. (Defendant) argues that it served form interrogatories upon Plaintiff Mi In Fashion, Inc. on April 14, 2022, and has received no responses, timely or otherwise, to Interrogatory No. 17.1. (Lee Decl. ¶¶ 1–3.) No opposition has been filed.

If a code-compliant response is not provided to Defendant by the date of hearing on this motion, the motion will be GRANTED.

II.    SANCTIONS

The prevailing party on a motion to compel is generally entitled to monetary sanctions, unless the court “finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” (Code Civ. Proc. §§ 2030.290, 2031.300.) Sanctions are also mandatory against a party whose failure to serve responses to requests for admission makes the motion necessary. (Code Civ. Proc. § 2033.280, subd. (c).)

Defendant seeks $2,575.15 in sanctions against Plaintiff and its counsel, representing five hours of attorney work at $495 per hour, plus, $100.15 in filing fees. (Lee Decl. ¶ 6.) Sanctions are awarded in the amount of $2,575.15 and filing fees against Plaintiff and its counsel.