Judge: Lynne M. Hobbs, Case: 20STCV10517, Date: 2023-12-18 Tentative Ruling
PLEASE NOTE:
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Case Number: 20STCV10517 Hearing Date: January 16, 2024 Dept: 30
ZAHRA BOZORGI vs HADIFE KAVOUSIPOUR, et al.
TENTATIVE
Defendants Babak Bakhtjoo and Saman Bakhtjoo’s motions to compel responses to supplemental interrogatories are GRANTED.
The court orders Plaintiff Zahra Bozorgi to serve verified responses, without objections, to Defendants’ Supplemental Interrogatories, Set One, within 20 days of this order.
Defendants Babak Bakhtjoo and Saman Bakhtjoo’s motions to compel responses to supplemental production of documents are CONTINUED to allow Defendants to file proof of service of the motion on Plaintiff.
Ex Parte Application to Continue the Trial Date for six month is granted. All trial related deadlines are continued accordingly.
Defendants’ request for sanctions is DENIED.
Moving party is ordered to give notice.
Discussion
On June 30, 2023, Defendants served Supplemental Interrogatories, Set One, and Supplemental Request for Production of Documents, on Plaintiff. (Smith Decl., Exh. A.) Plaintiff's responses were due August 1, 2023. To date, Plaintiff has failed to provide responses nor requested any extensions. (Id., ¶ 12.)
As Defendants properly served a request for supplemental interrogatories and Plaintiff failed to serve responses, the Court finds Defendants are entitled to a court order directing Plaintiff to provide verified responses without objections to the supplemental interrogatories served on Plaintiff. Therefore, the motions are granted.
However, Defendants’ motions to compel supplemental request for productions do not show the motion name that was served on Plaintiff. Thus, the motions to compel supplemental request for productions are CONTINUED to allow Defendants to file proof of service.
Defendants also request sanctions. Code of Civil Procedure section 2030.290(c) mandates sanctions when the motion is unsuccessfully opposed. Here, as the motions were not opposed, the request for sanctions is denied.
Defendants’ request for sanctions under CCP section 2023.010 for the misuse of discovery is also denied, as "sections 2023.010 and 2023.030 do not independently authorize the trial court to impose monetary sanctions for misuse of discovery.” (City of Los Angeles v. PricewaterhouseCoopers, LLC (2022) 84 Cal.App.5th 466, 504.)