Judge: Lisa K. Sepe-Wiesenfeld, Case: 23SMCV03217, Date: 2025-04-08 Tentative Ruling
TENTATIVE RULING
Defendant Beatriz Estrada Martinez’s Motion for Order Compelling Plaintiff Brandon Moore to Respond to Form Interrogatories, Set One is GRANTED. Plaintiff Brandon Moore shall serve code-compliant responses to Defendant Beatriz Estrada Martinez’s Form Interrogatories – General, Set One, without objections, within thirty (30) days of entry of this order.
Defendant Beatriz Estrada Martinez’s Motion for Order Compelling Plaintiff Brandon Moore to Respond to Special Interrogatories, Set One is GRANTED. Plaintiff Brandon Moore shall serve code-compliant responses to Defendant Beatriz Estrada Martinez’s Special Interrogatories, Set One, without objections, within thirty (30) days of entry of this order.
Defendant Beatriz Estrada Martinez’s Request for Monetary Sanctions is GRANTED in the reduced amount of $1,560, payable by Plaintiff Brandon Moore and Plaintiff’s counsel to Defendant Beatriz Estrada Martinez and defense counsel within thirty (30) days of entry of this order.
Defendant Beatriz Estrada Martinez to give notice.
Defendant Beatriz Estrada Martinez (“Defendant”) served Plaintiff Brandon Moore (“Plaintiff”) with her Form Interrogatories – General, Set One, and Special Interrogatories, Set One, on September 17, 2024. (Mots., King Decls. ¶ 2.) Responses were due on or before October 19, 2024, and defense counsel extended the deadline four times. (Mots., King Decls. ¶¶ 3-9.) To date, no responses have been received. (Mots., King Decls. ¶ 9.) Plaintiff has filed a declaration in opposition to each motion stating that he intends to serve responses and only inadvertently failed to do so, but he has not provided any evidence that he has served those responses to date.
Accordingly, Defendant Beatriz Estrada Martinez’s Motion for Order Compelling Plaintiff Brandon Moore to Respond to Form Interrogatories, Set One is GRANTED, and Defendant Beatriz Estrada Martinez’s Motion for Order Compelling Plaintiff Brandon Moore to Respond to Special Interrogatories, Set One is GRANTED. Plaintiff Brandon Moore shall serve code-compliant responses to Defendant Beatriz Estrada Martinez’s Form Interrogatories – General, Set One, and Special Interrogatories, Set One, without objections, within thirty (30) days of entry of this order.
If a motion to compel responses to interrogatories is filed, the Court may impose a monetary sanction against the losing party “unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” (Code Civ. Proc., §§ 2030.290, subd. (c).) Further, “[t]he court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though no opposition to the motion was filed, or opposition to the motion was withdrawn, or the requested discovery was provided to the moving party after the motion was filed.” (Cal. Rules of Court, rule 3.1348(a).)
Defendant requests $810 in monetary sanctions for each motion. The Court finds that monetary sanctions are proper, and the amount sought is reasonable; however, the Court only awards $60 for each filing fee. Accordingly, Defendant Beatriz Estrada Martinez’s Request for Monetary Sanctions is GRANTED in the reduced amount of $1,560, payable by Plaintiff Brandon Moore and Plaintiff’s counsel to Defendant Beatriz Estrada Martinez and defense counsel within thirty (30) days of entry of this order.