Judge: Lynne M. Hobbs, Case: 20STCV40794, Date: 2023-11-13 Tentative Ruling

Case Number: 20STCV40794    Hearing Date: November 13, 2023    Dept: 30

DANIEL GOMEZ vs ADA NICOLLETTE OKOH

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

TENTATIVE

Defendant Ada Nicollette Okoh’s motions to compel Plaintiff to provide responses to form interrogatories, special interrogatories, and requests for production for documents are GRANTED. Plaintiff Daniel Gomez is ordered to provide responses without objection to Defendant’s request for form interrogatories, special interrogatories, and request for production within 20 days of this order. Defendant’s request for sanctions is DENIED.  Moving party to give notice.

DISCUSSION 

On February 23, 2023, Defendant served Form Interrogatories, Set One, Special Interrogatories, Set One, and Request for Production of Documents, Set One on Plaintiff. (Aho Decl., ¶ 3; Exhs A.) 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 verified responses without objections to the discovery requests served on Plaintiff. Therefore, the motions are granted.

Defendant also requests 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.

Defendant’s request for sanctions under CCP sections 2023.010 for the alleged 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.)