Judge: Lynne M. Hobbs, Case: 22STCV06771, Date: 2024-02-01 Tentative Ruling

Case Number: 22STCV06771    Hearing Date: February 1, 2024    Dept: 30

YVES BENAROCH vs SHARLI HAYUN, et al.

TENTATIVE

Defendant Uber Technologies, Inc.’s motions to compel Plaintiff to provide responses to form interrogatories, and special interrogatories are GRANTED.

Plaintiff is ordered to provide responses without objection to Defendant’s request for form interrogatories, set one, and special interrogatories, set one, within 20 days of this order.

Defendant’s request for sanctions is DENIED.

Moving party is ordered to give notice.

Discussion

On October 20, 2023, Defendant served Form Interrogatories, Set One, and Special Interrogatories, Set One, on Plaintiff. (Hawatmeh Decl., Exhs. 1.) Responses were due on or before November 21, 2023. Plaintiff has failed to serve any response.

As Defendant properly served discovery requests and Plaintiff has 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 § 2030.290(c) mandates sanctions when the motion was 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 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.)