Judge: Lynne M. Hobbs, Case: 20STCV31220, Date: 2023-09-29 Tentative Ruling

Case Number: 20STCV31220    Hearing Date: February 8, 2024    Dept: 30

FRANK E. GRODSKI vs SOKAINA QUABADI

TENTATIVE

Defendant Sokaina Quabadi’s motions to compel responses to form interrogatories and requests for production for documents are GRANTED.

Plaintiff Frank E. Grodski is ordered to provide responses without objection to Defendant’s form interrogatories, set one, and request for production, set one, within 20 days of this order.

Defendant’s request for sanctions is DENIED.

Moving party is ordered to give notice.

Discussion

On April 11, 2023, Defendant served Form Interrogatories, Set One, and Request for Production of Documents, Set One, on Plaintiff. (Rubin Decl., Exhs. A.) To date, Plaintiff failed to provide responses. (Id., ¶ 7.)

As Defendant properly served discovery requests and Plaintiff has failed to serve 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.

As for sanctions, sanctions are only mandatory in connection with motions to compel responses to interrogatories and request for production when the motion is unsuccessfully opposed. (Code Civ. Proc. §§ 2030.290(c), 2031.300(c).) The motions were not opposed. As such, the request for sanctions 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.)