Judge: Lisa K. Sepe-Wiesenfeld, Case: 20SMCV00272, Date: 2023-12-12 Tentative Ruling



Case Number: 20SMCV00272    Hearing Date: December 12, 2023    Dept: N

TENTATIVE RULING

Plaintiff Ralph Churchwell’s Motion to Compel Defendant FGW Productions LLC’s Responses to Post-Judgment Debtor Special Interrogatories is GRANTED. Defendant FGW Productions LLC shall provide code-compliant responses, without objections, within twenty (20) days of entry of this order.

Plaintiff Ralph Churchwell’s Motion to Compel Defendant FGW Productions LLC’s Responses to Post-Judgment Debtor Requests for Production of Documents is GRANTED. Defendant FGW Productions LLC shall provide code-compliant responses, without objections, within twenty (20) days of entry of this order.

Plaintiff Ralph Churchwell’s Motion to Compel Defendant Stephanie Frederic’s Responses to Post-Judgment Debtor Special Interrogatories is GRANTED. Defendant Stephanie Frederic shall provide code-compliant responses, without objections, within twenty (20) days of entry of this order.

Plaintiff Ralph Churchwell’s Motion to Compel Defendant Stephanie Frederic’s Responses to Post-Judgment Debtor Requests for Production of Documents is GRANTED. Defendant Stephanie Frederic shall provide code-compliant responses, without objections, within twenty (20) days of entry of this order.

Plaintiff Ralph Churchwell’s Requests for Monetary Sanctions are DENIED.

Plaintiff Ralph Churchwell to give notice. 

REASONING

Code of Civil Procedure section 708.030, subdivision (a), provides that a “judgment creditor may propound written interrogatories to the judgment debtor . . . requesting information to aid in enforcement of the money judgment.” Code of Civil Procedure section 708.030, subdivision (a), provides that a “judgment creditor may demand that any judgment debtor produce and permit the party making the demand, or someone acting on that party’s behalf, to inspect and to copy a document that is in the possession, custody, or control of the party on whom the demand is made . . . if the demand requests information to aid in enforcement of the money judgment.” Such motions must comply with the requirements set forth in Code of Civil Procedure section 2031.010 et seq. (See Code Civ. Proc., §§ 708.030, subd. (a), 708.030, subd. (a).)

Ralph Churchwell (“Plaintiff”) moves to compel Defendants FGW Productions, LLC and Stephanie Frederic (“Defendants”)’s responses to his Special Interrogatories and Requests for Production. Plaintiff represents that he served the discovery on July 18, 2023, Defendants did not serve responses, counsel inquired with Defendants about the responses, and to date, no responses have been received. (Mots., Slater Decl. ¶¶ 3, 4.) Accordingly, Plaintiff Ralph Churchwell’s Motion to Compel Defendant FGW Productions LLC’s Responses to Post-Judgment Debtor Special Interrogatories, Plaintiff Ralph Churchwell’s Motion to Compel Defendant FGW Productions LLC’s Responses to Post-Judgment Debtor Requests for Production of Documents, Plaintiff Ralph Churchwell’s Motion to Compel Defendant Stephanie Frederic’s Responses to Post-Judgment Debtor Special Interrogatories, and Plaintiff Ralph Churchwell’s Motion to Compel Defendant Stephanie Frederic’s Responses to Post-Judgment Debtor Requests for Production of Documents are GRANTED. Defendants FGW Productions LLC and Stephanie Frederic shall provide code-compliant responses, without objections, within twenty (20) days of entry of this order.

Plaintiff requests monetary sanctions with the motions, but given that Code of Civil Procedure sections 708.020 and 708.030 do not provide a basis for awarding sanctions, and Defendants have not opposed the present motions (see Code Civ. Proc., §§ 2030.290, subd. (c), 2031.300, subd. (c)), the Court finds that the imposition of sanctions is not warranted here. Thus, Plaintiff’s requests for monetary sanctions are DENIED.