Judge: Lynne M. Hobbs, Case: 21STCV10334, Date: 2023-11-15 Tentative Ruling

Case Number: 21STCV10334    Hearing Date: November 16, 2023    Dept: 30

HECTOR ACOSTA, et al. vs JULIE WELKER

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

TENTATIVE

Defendant’s motions to compel Plaintiffs to provide responses to request for production and special interrogatories are GRANTED. Plaintiffs are ordered to provide responses without objection to Defendant’s requests for production and special interrogatories within 20 days of this order. Defendant’s request for sanctions is DENIED. Moving party is ordered to give notice.

Discussion 

On May 25, 2023, Defendant served Requests for Production, and Special Interrogatories, Set One, on Plaintiffs. (Weissman Decl., ¶ 2; Exhs A.) Responses were due on or before June 26, 2023. To date, responses have not been provided. (Id., ¶ 3.)

As Defendant properly served discovery requests and Plaintiffs have failed to serve responses, the Court finds Defendant is entitled to a court order directing Plaintiffs to provide verified responses without objections to the discovery requests served on Plaintiffs. 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 is unsuccessfully opposed. Here, as the motions were not opposed, the request for sanctions is denied.

Defendant’s request for sanctions under CCP section 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.)