Judge: Lee W. Tsao, Case: VC067392, Date: 2023-01-31 Tentative Ruling

Case Number: VC067392    Hearing Date: January 31, 2023    Dept: C

ZAVALA v. FRIAS, et al.

CASE NO.:  VC067392

HEARING:  1/31/23 @ 9:30 AM

#3

TENTATIVE RULING

I.             Defendants Frias and Mendoza’s unopposed motion to compel Plaintiff Zavala’s responses to form interrogatories, and for sanctions is GRANTED.  Plaintiff Zavala is ordered to provide responses, without objections, within 20 days.

II.            Defendants Frias and Mendoza’s unopposed motion to compel Plaintiff Zavala’s responses to first set of special interrogatories and for sanctions is GRANTED.  Plaintiff Zavala is ordered to provide responses, without objections, within 20 days.

Sanctions are imposed against Plaintiff Zavala in the reasonable sum of $1,500.00, payable within 30 days.

Moving Parties to give NOTICE.

Defendants Frias and Mendoza move to compel responses to form and special interrogatories pursuant to CCP § 2030.290. 

CCP § 2030.290(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, responding party waives objections.  (CCP § 2030.290(a).) 

On August 18, 2022, Defendants served form interrogatories and special interrogatories.  Plaintiff Zavala failed to serve timely responses. 

Accordingly, the motions are GRANTED.  Plaintiff Zavala is ordered to provide responses, without objections, within 20 days. 

Sanctions:  CCP §§ 2023.010(d) and 2030.290(c) authorize the court to impose sanctions for failure to respond to discovery without substantial justification.  

Sanctions are warranted because Plaintiff failed to serve timely responses. The court finds Defendant’s total request of $3,620.00 is excessive.  Instead, reasonable sanctions are imposed against Plaintiff Zavala in the sum of $1,500.00, payable within 30 days.