Judge: Lynne M. Hobbs, Case: 22STCV32971, Date: 2024-02-29 Tentative Ruling

Case Number: 22STCV32971    Hearing Date: February 29, 2024    Dept: 30

CAROLINA DAVILA vs TOP RIDE AUTO GROUP, INC.

TENTATIVE

Plaintiff’s motion to compel responses to form interrogatories is GRANTED. Defendant Top Ride Auto Group is ordered to provide verified responses without objections to form interrogatories, set one, within 20 days.

Plaintiff’s request for sanctions is DENIED.

Moving party is ordered to give notice.

Discussion

Plaintiff propounded Form Interrogatories, Set One, on Defendant on May 5, 2023. (Pratt Decl., ¶ 2; Exh. A.) To date, Plaintiff has not received responses.

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

The Court notes that Plaintiff has only filed one motion and paid one filing fee. Thus, the Court only addresses one request to compel discovery. Plaintiff may file another motion and pay the required filing if she seeks an additional order compelling additional discovery.

Plaintiff also requests sanctions. Code of Civil Procedure section 2030.290(c) requires sanctions when the motion is unsuccessfully opposed. Here, as the motion was not unsuccessfully opposed, and thus, the request for sanctions is denied.