Judge: Lynne M. Hobbs, Case: 22STCV01482, Date: 2024-04-23 Tentative Ruling

Case Number: 22STCV01482    Hearing Date: April 26, 2024    Dept: 30

MICHAEL ROTH vs ALFRED TADEVOSYAN, et al.

TENTATIVE

Defendant Rasier-CA LLC’s motions to compel responses to form interrogatories, request for production, and request for admissions are GRANTED. Plaintiff is ordered to provide verified responses to the discovery requests within 20 days of this order.

Defendant’s request for sanctions against Plaintiff is DENIED.

Moving party is ordered to give notice.

Discussion

On December 13, 2023, Defendant Rasier-CA LLC served Form Interrogatories, Request for Admissions, and Request for Production of Documents on Plaintiff. (Yelda Decl., ¶ 5; Exh. C.) Plaintiff’s responses to Rasier’s first set of discovery were due on or before January 17, 2024. (Yelda Decl., ¶ 6.) Plaintiff’s responses were not provided by nor did Plaintiff ask for an extension. (Id., ¶ 7.) To date, Rasier has not received responses to its first set of discovery. (Id., ¶ 11.)

As Defendant properly served discovery requests and Plaintiff failed to provide responses, the Court finds Defendant is entitled to a court order directing Plaintiff to provide verified responses to the discovery requests served on Plaintiff. Therefore, the motions are granted.

Defendant seeks sanctions against Plaintiff under Code of Civil Procedure sections 2031.300(d) and 2031.310(h).

Sanctions are only mandatory in connection with a motion to compel responses to request for production when the motion is unsuccessfully opposed. (Code Civ. Proc. § 2031.300(d).)

The motions were not opposed. As such, the request for sanctions in connection with this motion is denied.

Code of Civil Procedure section 2031.310(h) applies to motions to compel further and is inapplicable to this motion to compel initial responses.

As no other statutory basis is cited for the request for sanctions, the request for sanctions is DENIED.