Judge: Lee W. Tsao, Case: 22NWCV01363, Date: 2024-02-28 Tentative Ruling

Case Number: 22NWCV01363    Hearing Date: February 28, 2024    Dept: C

MORENO v. ELIAN AKKARI

CASE NO.:  22NWCV01363

HEARING: 2/28/24 @ 9:30 a.m.

#3

TENTATIVE ORDER

Plaintiff Marcus Moreno’s motion to compel responses to form interrogatories, set one is GRANTED. Monetary sanctions are DENIED.

Defendant Akkari is ordered to serve responses to form interrogatories, set one within 15 days.

Moving Party to give NOTICE.

Plaintiff Marcus Moreno moves to compel responses to form Interrogatories, set one pursuant to Code of Civil Procedure section 2030.290.  No Opposition has been filed as of February 23, 2024. 

Plaintiff alleges a breach of contract for home improvement services, causing damages of $81,110.90. Plaintiff alleges causes of action for the following:

1.    Breach of Contract

2.    Fraud

3.    Negligence

4.    Restitution

5.    Money Had and Received.

Code of Civil Procedure section 2030.290, subdivision (b) allows the propounding party to file a motion to compel responses to interrogatories if a response has not been received.  If responses are untimely, the responding party waives objections. (Code Civ. Proc., §§ 2030.290, subd. (a).) 

Plaintiff served discovery on March 22, 2023.  (Decl. Gaitan, ¶ 3.)  Defendant failed to serve any responses to form interrogatories.

Accordingly, the motion is GRANTED.  Defendant Akkari is ordered to serve responses without objections within 15 days. 

Sanctions:  Discovery sanctions may not be imposed under Section 2023.030, even together with Section 2023.010, absent another provision of the Discovery Act that authorizes the imposition of sanctions. (City of L. A. v. PricewaterhouseCoopers, LLC (2022) 84 Cal.App.5th 466, 500.) Sanctions with respect to interrogatories are only authorized against a party who unsuccessfully makes or opposes a motion to compel responses. (Code of Civ. Proc. § 2030.290, subd. (c).) Here, sanctions are denied because the motion is unopposed.