Judge: Lee W. Tsao, Case: 23NWCV03686, Date: 2024-08-21 Tentative Ruling

Case Number: 23NWCV03686    Hearing Date: August 21, 2024    Dept: SEC

GONZALEZ v. LUGO

CASE NO.: 23NWCV03686

HEARING: 8/21/24 @ 9:30 A.M.

#4

TENTATIVE ORDER

Plaintiff Petra Gonzalez’s Motion to Compel Responses to Form Interrogatories, Set One is GRANTED. No sanctions awarded.

Moving Party to give NOTICE.

The motion is unopposed as of August 19, 2024.

This is about a motor vehicle collision. Defendant Michael Manuel Lugo moves to compel responses to form interrogatories, set one.

Form Interrogatories

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).)

On January 8, 2024, Defendant propounded the first set of special interrogatories on Plaintiff. (Decl. Baharvar, ¶ 3, Ex. A.) No responses have been provided. (Decl. Baharvar, ¶ 7.)

Thus, the Court grants the motion. Plaintiff must serve responses without objections within 30 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).)

Because the motion is unopposed, the Court does not award sanctions.