Judge: Lynne M. Hobbs, Case: 20STCV37961, Date: 2023-12-06 Tentative Ruling

Case Number: 20STCV37961    Hearing Date: December 6, 2023    Dept: 30

JOSE TAMAYO vs ADAM JOHNSTON, et al.

Motion to Compel Responses to Form Interrogatories
Motion to Compel Responses to Request for Production of Documents

TENTATIVE

Defendants Adam Johnston and Maria Cervantes’s motions to compel Plaintiff to provide responses to form interrogatories, and requests for production for documents are GRANTED. Plaintiff Jose Tamayo is ordered to provide responses without objection to Defendants’ request for form interrogatories, and request for production within 20 days of this order.  Defendant’s request for sanctions is DENIED.  Moving party is ordered to give notice.

Discussion

On March 24, 2023, Defendant served Form Interrogatories, Set One, and Request for Production of Documents, Set One on Plaintiff. (Carter Decl., Exhs A.) Plaintiff’s responses were due on or before April 25, 2023. To date, responses have not been provided. (Id., ¶ 4.)

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 responses without objections to the discovery requests served on Plaintiff. Therefore, the motions are granted.

Defendants also request sanctions. Code of Civil Procedure §§ 2030.290(c) and 2031.300(c) allow for sanctions when the motion was unsuccessfully opposed. Here, as the motions were not opposed, the request for sanctions is denied.

Defendants’ request for sanctions under CCP sections 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.)