Judge: Lisa R. Jaskol, Case: 23STCV06881, Date: 2024-02-21 Tentative Ruling
Case Number: 23STCV06881 Hearing Date: March 18, 2024 Dept: 28
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On March 29, 2023, Plaintiff Ilya Zhekharev (“Plaintiff”) filed this action against Defendants Sunworld Dynasty US Holdings, LLC, dba SLS Hotel (“Sunworld”), Marriott International Inc., SBE Entertainment Group LLC, and Does 1-100 for general negligence and premises liability.
On August 18, 2023, Sunworld filed an answer.
On December 18, 2023, Sunworld filed a motion to compel Plaintiff’s responses to form interrogatories, set one, and for sanctions, to be heard on March 18, 2024. Plaintiff has not filed an opposition.
Trial is currently scheduled for September 25, 2024.
PARTY’S REQUESTS
Sunworld asks the Court to compel Plaintiff to serve verified code compliant responses, without objections, to form interrogatories, set one.
LEGAL STANDARD
Code of Civil Procedure section 2030.290 provides:
“If a party to whom interrogatories are directed fails to serve a timely response, the following rules apply:
“(a) The party to whom the interrogatories are directed waives any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010). The court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied:
“(1) The party has subsequently served a response that is in substantial compliance with Sections 2030.210, 2030.220, 2030.230, and 2030.240.
“(2) The party’s failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect.
“(b) The party propounding the interrogatories may move for an order compelling response to the interrogatories.
“(c) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response to interrogatories, 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. If a party then fails to obey an order compelling answers, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction under Chapter 7 (commencing with Section 2023.010). In lieu of or in addition to that sanction, the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010).”
(Code Civ. Proc., § 2030.290.)
DISCUSSION
On August 18, 2023, Sunworld served form interrogatories, set one, on Plaintiff.
Plaintiff did not provide timely responses and had not provided responses by the time Sunworld filed this motion.
The Court grants the motion to compel responses to form interrogatories, set one, and orders Plaintiff to provide verified code-compliant responses without objections by April 17, 2024.
The Court denies Sunworld’s requests for sanctions. Sanctions are available against “any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response to interrogatories . . . .” (Code Civ. Proc., § 2030.290, subd. (c).) Plaintiff did not make or oppose a motion to compel.
CONCLUSION
The Court DENIES Defendant Sunworld Dynasty US Holdings, LLC, dba SLS Hotel’s request for sanctions.
Moving party is ordered to give notice of this ruling.
Moving party is ordered to file proof of service of this ruling with the Court within five days.