Judge: Lynne M. Hobbs, Case: 22STCV01628, Date: 2023-12-26 Tentative Ruling

Case Number: 22STCV01628    Hearing Date: December 28, 2023    Dept: 30

ALBERTO MELENA vs LAMAR ROBY, III, et al

TENTATIVE

Defendant Lamar Roby, III’s motions to compel responses to special interrogatories, set two, and request for production of documents, set two, are GRANTED.

The court orders Plaintiff Alberto Melena to serve verified responses, without objections, to Defendant’s Request for Production of Documents, Set Two, and Special Interrogatories, Set Two, within 20 days of this order.

Defendant’s request for sanctions is DENIED.

Moving party is ordered to give notice.

Discussion

On September 8, 2023, Defendant served Special Interrogatories, Set Two, and Request for Production of Documents, Set Two, on Plaintiff. (Ross Decl., Exh. A.) As of the time of filing the motion, no responses to the discovery requests were received despite Defendant sending a meet and confer letter. (Id., ¶ 5; Exh. B.)

As Defendant properly served discovery requests and Plaintiff failed to serve 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 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.)