Judge: Gregory Keosian, Case: 21STCV27462, Date: 2023-10-30 Tentative Ruling

Case Number: 21STCV27462    Hearing Date: December 5, 2023    Dept: 61

Defendant Silvia Romo’s Motions to Compel Responses to Form Interrogatories, General, from Plaintiffs Valentina Gonzalez and Ricardo Ruiz Gonzalez are GRANTED. Sanctions are awarded against Plaintiffs and their counsel in the amount of $1,070.

Defendant to give notice.

I.                   MOTION TO COMPEL

A party may 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 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 interrogatories. (Code Civ. Proc., §§ 2030.290.)

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 Silvia Romo (Defendant) served Plaintiffs Valentina Gonzalez and Ricardo Ruiz Gonzalez (Plaintiffs) with Form Interrogatories (General) on July 25, 2023. (Heim Decl. ¶ 2.) As of the date of the filing of these motions on September 12, 2023, no responses have been served. (Heim Decl. ¶ 3.) No opposition to the motions has been filed.

Defendant’s motions are 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 $297.50 in sanctions in connection with the motion directed against Ricardo Ruiz Gonzalez, and $772.50 in connection with the motion against Valentina Gonzalez, representing respectively one half-hour and 1.5 hours of attorney work at $475 per hour, plus two $60 filing fees. (Heim Decl. ¶¶ 4–6.)

Sanctions are awarded against Plaintiffs and their counsel in the amount of $1,070.