Judge: Lynne M. Hobbs, Case: 22STCV23535, Date: 2023-11-15 Tentative Ruling

Case Number: 22STCV23535    Hearing Date: November 15, 2023    Dept: 30

CLAUDIA PENA MONGE vs HOMAYOON SEAN MOSHIRI, et al.

Motion to Compel Responses to Form Interrogatories
Motion to Compel Responses to Special Interrogatories
Motion to Compel Responses to Request for Production of Documents

TENTATIVE

Plaintiff's motion to compel responses to Form Interrogatories is granted. Plaintiff's motion to compel responses to Request for Production of Documents is granted. Defendant Homayoon Sean Moshiri is order to serve verified responses without objection within 20 days to both discovery requests. The request for sanctions is granted in the amount of $648.30 payable to Plaintiff within 30 days. The motion to compel responses to Special Interrogatories is off-calendar. Moving party to give notice.

DISCUSSION 

Plaintiff’s counsel testifies that she served Interrogatories and Demand for Production and Things on Defendant on March 1, 2023. (Atityan Decl., ¶ 3.) Further, Counsel testifies that to date, Plaintiff’s counsel has not received Defendant’s code-compliant verified responses, and Defendant nor his counsel have made any indication that said verified responses are forthcoming. (Id., ¶ 15.) Under California law, unsworn responses are tantamount to no responses. (Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636. Further, a party waives objections to a discovery request when it does not serve a timely response to the request. 

Plaintiff’s counsel testifies that Plaintiff has necessarily occurred reasonable expenses in preparing and filing this motion, including attorney’s fees. (Id., ¶ 17.) The Court finds that sanctions in the amount of $648.30 is reasonable.

The Court takes Plaintiff's motion to compel responses to Special Interrogatories off calendar. Each discovery request requires its own motion and filing fee.