Department 30, Spring Street Courthouse

August 1, 2022

BC708569

Motion to Compel Plaintiff Sandra Momotiuk’s Further Responses to Defendant ESA Management LLC’s Form Interrogatories (Set One) and Request for Sanctions

DECISION 

The motion is granted.

Plaintiff is ordered to provide further verified responses within 15 days after the date of this order. These further verified responses should be complete, stand-alone responses to each interrogatory at issue.

Each interrogatory answer must be as complete and straightforward as the information reasonably available allows. (CCP Section 2030.220(a).) An answer is incomplete if it refers to documents or a deposition without providing the pertinent information from those other sources. 

The duty to answer extends beyond personal knowledge.  If a party lacks personal knowledge sufficient to respond fully, the party must make a reasonable and good-faith effort to obtain the information from other sources. (CCP Section 2030.220(c).)

With respect to these types of items, Plaintiff should detail the good-faith efforts made to obtain the information from other sources under her control, to include information in Plaintiff counsel’s possession and in the possession of Plaintiff’s healthcare providers.

If it is Plaintiff’s claim that she does not personally remember certain information, she must so state in a verified response.   

The Court imposes sanctions in the amount of $2,310 against Plaintiff and Plaintiff’s Counsel jointly and severally. These sanctions are due with 15 days after the date of this order.   

Moving party is ordered to provide notice and to file proof of service of such notice within five court days after the date of this order.