Judge: Lynne M. Hobbs, Case: 22STCV27015, Date: 2023-08-30 Tentative Ruling

Case Number: 22STCV27015    Hearing Date: October 26, 2023    Dept: 30

KAYANE JOHN ROTH vs KEVIN PATRICK FUTVOYE

Motion to Compel Defendant's Responses to Form Interrogatories
Motion to Compel Defendant's Responses to Special Interrogatories
Motion to Deem Plaintiff's Request for Admissions Admitted

TENTATIVE

The motions to compel responses to Form Interrogatories (Set One) and Special Interrogatories (Set One) are GRANTED. Defendant is ORDERED to serve verified responses, without objection, to Plaintiff’s  Form Interrogatories (Set One) and Special Interrogatories (Set One), within 20 days of notice of ruling. The Motion to Deem Request for Admissions Admitted is GRANTED.  The truth of the matters specified in Plaintiff’s Requests for Admission (Set One) are deemed ADMITTED. Plaintiff’s requests for sanctions as to the interrogatories are DENIED. The Court awards sanctions against Defendant in the amount of  $910.00, payable to Plaintiff within 30 days.  Moving party to give notice.


DISCUSSION

Plaintiff served Form Interrogatories, Set One, Special Interrogatories, Set One, and Requests for Admission, Set One, to Defendant on February 23, 2023. (Declarations of John Ksajikian ISO FROGs, SROGs, and RFA, ¶ 11; Ex. “1.”) The final due date for the discovery requests was April 14, 2023. (Ksajikian Decl., ¶ 12; Ex. “2.”) To date, no responses have been received. (Ksajikian Decl., ¶ 13.) A non-responding party waives the right to make any objections, including one based on privilege or work-product protection. (Code Civ. Proc., §§ 2030.290, subd. (a); 2033.280, subd. (a).) The Court grants the motions to compel. Sanctions for Plaintiff's bringing the discovery motion pertaining to the request for admissions is mandatory. The Court awards sanctions in the reduced amount of $910.00. The Court declines to award sanctions for the motions concerning the interrogatories.