Judge: Lynne M. Hobbs, Case: 22STCV19511, Date: 2024-02-14 Tentative Ruling

Case Number: 22STCV19511    Hearing Date: February 15, 2024    Dept: 30

SHANNA YA BATTLE vs RICHARD VAN HORN, et al.

TENTATIVE

Defendants Richard Van Horn and Monica Quiroz Van Horn’s motion to compel responses to special interrogatories is GRANTED. Plaintiff Shannaya Battle is ordered to provide verified responses to the discovery requests within 30 days of this order.

Defendants’ request for sanctions against Plaintiff is DENIED.

Moving party is ordered to give notice.

Discussion

On March 8, 2023, Defendants served Special Interrogatories, Set One, on Plaintiff. (Lloyd Decl., ¶ 2 Exh. A.) The responses were due on April 12, 2023. On April 12, 2023, having received no responses from Plaintiff in Pro Per, Defendants’ counsel sent a meet and confer letter to Plaintiff requesting Plaintiff’s responses without objections, as objections had been waived. Responses were requested by April 21, 2023. (Id., ¶ 3; Exh. B.) To date, Defendant has not received Plaintiff’s responses. (Id., ¶ 4.)

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

Defendants seek sanctions against Plaintiff. Sanctions are only mandatory in connection with motions to compel responses to interrogatories when the motion is unsuccessfully opposed. (Code Civ. Proc. §§ 2030.290(c).) The motion was not opposed. As such, the request for sanctions in connection with this motion is denied.

Defendants’ 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.)