Judge: John C. Gastelum, Case: 20-01140186, Date: 2022-11-22 Tentative Ruling

(1) Motion to Compel Answers to Form Interrogatories; (2) Motion to Compel Answers to Special Interrogatories; (3) Motion to Compel Production

Tentative Ruling: (1-3) Defendants, Leeann Mirsafavi and Safie Din Mirsafavi move for an order compelling Plaintiffs, Vicente Oliva and Reyna Oliva to respond to Form Interrogatories, Set One; Special Interrogatories, Set One; and Demand for Inspection and Production of Documents, Set One, without objections, within fifteen (15) days, and awarding $869.95 in monetary sanctions against Plaintiffs and/or Plaintiffs’ counsel for each motion.

The unopposed motions are GRANTED. The instant motions were filed on June 13, 2022. As of the preparation of the motions, Defendants have not received responses to the discovery at issue which was served on December 14, 2021. (Declarations of Robert S. Miller, ¶¶ 2, 7, Ex. A; ROA 64, 65, 66.)

As Plaintiffs have failed to timely serve responses to the discovery at issue, all objections are waived. (Code Civ. Proc. §§ 2030.290(a); 2031.300(a); Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 408; Leach v. Superior Court (1980) 111 Cal.App.3d 902, 906.) 

Plaintiffs Vicente Oliva and Reyna Oliva are to serve responses to Form Interrogatories, Set One; Special Interrogatories, Set One; and Demand for Inspection and Production of Documents, Set One, without objections, within thirty (30) days of the notice of ruling

The Court AWARDS monetary sanctions in the amount of $809.85 against Plaintiffs, to be paid within thirty (30) days of the notice of ruling. (Code Civ. Proc. §§ 2023.010(d) [misuse of discovery process in failing to respond to authorized discovery]; 2030.290(c) [interrogatories]; 2031.300(c) [inspection demands].) There is no showing that Plaintiffs acted with substantial justification or that other circumstances make the imposition of monetary sanctions unjust.

Defendants to give notice.