Judge: Lynne M. Hobbs, Case: 21STCV41993, Date: 2023-08-18 Tentative Ruling

Case Number: 21STCV41993    Hearing Date: August 18, 2023    Dept: 30

RENAE SOPHIA BACA vs 99 CENTS ONLY STORES LLC

Re: Motion to Compel Responses to Form Interrogatories, Motion to Compel Responses to Special Interrogatories, and Request for Production of Documents 

Tentative:  Defendant’s motions to compel Plaintiff’s responses to the FROG, SROG, and RPD are GRANTED. Defendants’ requests for monetary sanctions are DENIED.

Discussion:  

Defendant’s counsel testifies that he propounded the FROG, SROG, and RPD on Plaintiff on May 15, 2023. (Rai Decl., ¶2.) Despite follow-up correspondence, Counsel nor her office has yet to receive responses to the aforementioned written discovery. Accordingly, the Court finds Plaintiff has failed to serve timely responses to the FROG, SROG, and RPD.

Defendant requests monetary sanctions in connection with the motions. Sanctions are mandatory in connection with motions to compel responses to interrogatories and requests for production of documents against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel unless the court “finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (Code Civ. Proc., §§ 2030.290(c), 2031.300(c).) Here, Plaintiff has not opposed Defendant’s motions, and as such the Court does not find it appropriate to impose sanctions against Plaintiff at this time.