Judge: Lynne M. Hobbs, Case: 20STCV26033, Date: 2023-10-04 Tentative Ruling

Case Number: 20STCV26033    Hearing Date: March 14, 2024    Dept: 30

GABRIELA NATERAS, et al. vs NATALIE OBRADAVICH, et al.

TENTATIVE

Defendant Natalie Obradavich’s motions to compel responses to special interrogatories, set two, and request for production of documents, set two, are GRANTED. Plaintiff Kelly Vitale is ordered to provide verified responses without objections to the discovery requests within 20 days of this order.

Defendant’s request for sanctions is DENIED.

Moving party is ordered to give notice.

Discussion

On October 25, 2023, Defendant served Special Interrogatories, Set Two, and Request for Production of Documents, Set Two, on Plaintiff Vitale. (Martin Decl., ¶ 9; Exhs. A.) Plaintiff’s discovery responses were due on or around November 28, 2023. To date, no verified responses have been served. (Id.,¶ 16.)

As Defendant properly served the requests for discovery, and Plaintiff has failed to provide responses, the Court finds Defendant is entitled to a court order directing Plaintiff to provide verified responses without objections to the discovery requests served on Plaintiff. Therefore, the motions are granted.

Defendant also requests sanctions. Code of Civil Procedure sections 2030.290(c) and 2031.300(c) allow for sanctions when the motion is unsuccessfully opposed. Here, as the motions were not opposed, the request for sanctions in connection with the motions to compel is denied.

Defendant’s 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.)

Conclusion

Accordingly, Defendant’s motions to compel responses to special interrogatories, and request for production of documents, are GRANTED. Plaintiff is ordered to provide verified responses without objections to the discovery requests within 20 days of this order.

Defendant’s request for sanctions is DENIED.