Judge: John C. Gastelum, Case: 22-01252147, Date: 2023-05-24 Tentative Ruling

(1) Motion to Compel Answers to Form Irogs (2) Motion to Compel Production (3) Motion to Compel Answers to Special Irogs (4) CMC

Tentative Ruling:  Defendant Gamaliel Rodriguez (“Defendant”) moves for an order: (1) compelling Plaintiff James Anthony Vita (“Plaintiff”) to serve responses to Defendant’s first set of Requests for Production of Documents, Special Interrogatories, and Form Interrogatories; and (2) imposing monetary sanctions.

Code of Civil Procedure sections 2030.290 and 2031.300 state that if a party to whom interrogatories or a demand for inspection “fails to serve a timely response to it,” the party waives any and all objections and the propounding party may move for an order compelling responses to the interrogatory or demand.  (Code Civ. Proc., §§ 2030.290(a)-(b), 2031.300(a)-(b).)  These sections also state “the court shall impose a monetary sanction . . . against any party, person or attorney who unsuccessfully makes or opposes a motion . . . unless it 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).)

Defendant served the written discovery on Plaintiff on August 22, 2022.  (Declarations of Rebecca Rickett, ¶2.)  Plaintiff failed to serve any responses by the deadline.  (Id., ¶5.)  Counsel sent a meet and confer letter to counsel for Plaintiff by email on October 19, 2022.  (Id., ¶3.)  As of the date of filing of the Motions, Defendant has served no responses.  (Id., ¶5.)

Considering the above, Defendant’s unopposed Motions are GRANTED. Plaintiff is ORDERED to serve verified responses, without objections, within 10 days of notice of this order.

The Court finds no substantial justification for Plaintiff’s failure to serve responses.  Thus, the Court GRANTS Defendant monetary sanctions against Plaintiff in the amount of $652.00. Sanctions are due and payable to Defendant’s counsel within 30 days of notice of this order.

Defendant to give notice.