Judge: Jill Feeney, Case: 21STCV17200, Date: 2023-03-13 Tentative Ruling

Case Number: 21STCV17200    Hearing Date: March 13, 2023    Dept: 30

Department 30, Spring Street Courthouse
March 13, 2023
21STCV17200
-Motion to Compel Plaintiff’s Further Responses to Form Interrogatories (Set One) and Request for Monetary Sanctions filed by Defendant Alpha Beta Company 
-Motion to Compel Plaintiff’s Further Responses to Special Interrogatories (Set One) and Request for Monetary Sanctions filed by Defendant Alpha Beta Company

DECISION

The Court sets an OSC Re: Dismissal of Complaint for Failure to Serve Defendant Kroger within Statutory Two Year Period; OSC Re: Dismissal of ABC Cross Complaint for Failure to File POS/Enter Default as to Defendant Canyon Crest Town Centre, LLC; and (3) OSC Re: Dismissal of Canyon Crest Cross Complaint for Failure to File POS/ Enter Default as to Defendant ABC for June 22, 2023 at 8:30 a.m.

Motion to Compel Plaintiff’s Reponses to Form Interrogatories

Plaintiff does not oppose the substance of this motion.  The motion is granted.

Plaintiff is ordered to serve verified further responses to Form Interrogatories No No.2.6 and No. 14.1 within 15 days after the date of this order.

Motion to Compel Plaintiff’s Responses to Special Interrogatories

The Court agrees with Defendant’s analysis of the statutory deadline to file a motion to compel further. 

The motion is granted.

Plaintiff is ordered to serve verified further responses to Special Interrogatories No Nos.7, 9, 10, 11 and 12 within 15 days after the date of this order.

Sanctions

The Court declines to impose sanctions on either party. The Court notes that it expects the parties to agree to extensions of time to file motions to compel further to facilitate the resolution of discovery issues through the use of IDCs and though the meet and confer process. The parties should have been able to resolve this matter short of Court intervention.