Judge: Lynne M. Hobbs, Case: 21STCV23642, Date: 2023-12-19 Tentative Ruling

Case Number: 21STCV23642    Hearing Date: December 19, 2023    Dept: 30

CRUZ M VELASQUEZ vs CLYDE ANTONIO MADDOX

TENTATIVE

Defendant’s motion to compel responses to supplemental production of documents is GRANTED.

Plaintiff Cruz M. Velasquez is ordered to provide full and complete answers to the outstanding Supplemental Requests for discovery without objections, within 30 days of this order.

Defendant’s request for sanctions is DENIED.

Moving party is ordered to give notice.

Discussion

On August 14, 2023, Defendant served Supplemental Request for Production of Documents, on Plaintiff. (Wenning Decl., Exh. A.) As of the time of filing the motion, no responses to the discovery requests were received. (Id., ¶ 5.)

As Defendant properly served a request for discovery and Plaintiff failed to serve responses, the Court finds Defendant is entitled to a court order directing Plaintiff to provide full and complete answers to the outstanding Supplemental Request for discovery without objections. Therefore, the motion is granted.

Defendant also requests sanctions. Code of Civil Procedure sections 2030.290(c) allows for sanctions when the motion is unsuccessfully opposed. Here, as the motion was not opposed, 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.)