Judge: Lynne M. Hobbs, Case: 20STCV44678, Date: 2024-03-13 Tentative Ruling
Case Number: 20STCV44678 Hearing Date: March 14, 2024 Dept: 30
KAREN SMITH, et al. vs DUSHYANT SINGH TENTATIVE Defendant Dushyant Singh’s motions to compel responses to form interrogatories, special interrogatories, and request for production of documents, are GRANTED. Plaintiff Sanayah Davidson 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 September 14, 2022, Defendant served Form Interrogatories, Set One, Special Interrogatories, Set One, and Request for Production, Set One, on Plaintiff Davidson. (Rodriguez Decl., ¶ 2; Exhs. A.) To date, no responses were provided. (Id., ¶¶ 4-5.) Because 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.) Accordingly, Defendant’s motions to compel responses to form interrogatories, 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. |