Judge: Jill Feeney, Case: 22STCV09568, Date: 2023-02-17 Tentative Ruling
Case Number: 22STCV09568 Hearing Date: February 17, 2023 Dept: 30
Department 30, Spring Street Courthouse
February 17, 2023
22STCV09568
-Motion to Compel Plaintiff’s Responses to Request for Production (Set One) and Request for Sanctions
-Motion to Compel Plaintiff’s Responses to Special Interrogatories (Set One) and Request for Sanctions
DECISION
The two motions are granted.
Plaintiff is ordered to serve verified responses without objections within 30 days after the date of this order.
A court may not award monetary sanctions under Code Civ. Proc. §§2023.010 and 2023.030 standing alone or read together. (City of Los Angeles v. PricewaterhouseCoopers, LLC (2022) 84 Cal.App.5th 466, 500.) Sanctions are mandatory in connection with motions to compel responses to interrogatories and requests for production of documents against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel 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(c), 2031.300(c)).) Here no oppositions were filed and therefore no sanctions are imposed.
Moving party to provide notice and to file proof of service of such notice within five court days after the date of this order.
