Judge: Linda S. Marks, Case: 2015-00817971, Date: 2023-07-31 Tentative Ruling

Motion to Compel Further Responses to Form Interrogatories filed by Roya Salehpour on 3/13/23

Plaintiff moves to compel Defendant’s further response to Form Interrogatory No. 15.1 on the grounds that his response is insufficient. Further, Plaintiff contends Defendant had previously agreed to supplement the response in email correspondence, but later changed his mind.

In opposition, Defendant does not address the sufficiency of his response, but argues that he does not need to provide a further response at all given the fact that he filed an amended answer.

Defendant admits in correspondence filed under ROA 208 that amended answer “remains the same, absent the titles.” Thus, the disputed affirmative defenses remain the same. Further Form Interrogatory 15.1 requests Defendant to provide information regarding each denial of a material allegation and each special or affirmative defense in his “pleadings” and the Answer to the SAC would be the “pleading.” Defendant fails to cite any authority support Defendant’s position and his position appears contrary to the limitations on discovery, as serving the exact same interrogatory would be objectionable as duplicative and the Civil Discovery Act limits the how many times an interrogatory may be asked, but instead permits a party to serve three supplemental interrogatories. (See, CCP §§ 2030.030, 2030.070; also, Professional Career Colleges, Magna Institute, Inc. v. Superior Court (1989) 207 Cal.App.3d 490, 493 [Where a party has clearly failed to meet the time limits to bring a motion to compel further responses, he may not reset the clock through the stratagem of asking the same question again.)

Tentative Ruling: Plaintiff Roya Salehpour’s Motion to Compel Defendant’s Further Response to Form Interrogatory 15. 1 is GRANTED.

Defendant is ORDERED to provide further, verified responses to Form Interrogatory 15. 1 within 14 days’ notice of this ruling.

Plaintiff’s request for sanctions is DENIED.

Moving Party to give notice.