Judge: Lynne M. Hobbs, Case: 22STCV26244, Date: 2024-01-12 Tentative Ruling

Case Number: 22STCV26244    Hearing Date: March 12, 2024    Dept: 30

TAISHA MORRIS vs STATE OF CALIFORNIA, et al.

TENTATIVE

Defendant State of California’s motion to compel responses to Demand for Inspection and Production of Documents is GRANTED. Plaintiff Taisha Morris is ordered to provide verified responses without objections to the discovery requests within 20 days of this order.

Defendant’s request for sanctions is DENIED.

Moving party is ordered to give notice.

Discussion

On April 18, 2023, Defendant served Demand for Inspection and Production of Document, Set One, on Plaintiff. (Siegel Decl., ¶ 2; Exh. A.) By statute, responsive answers were due no later than May 22, 2023. No responses were provided.

As Defendant properly served the request for discovery, and Plaintiff has failed to provide responses, the Court finds Defendant is entitled to a court order directing Plaintiff to provide verified responses without objections to the discovery request served on Plaintiff. Therefore, the motion is granted.

Defendant also requests sanctions. Code of Civil Procedure section 2030.290(c) allows 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.)