Judge: Lynne M. Hobbs, Case: 22STCV37738, Date: 2024-01-02 Tentative Ruling
Case Number: 22STCV37738 Hearing Date: January 5, 2024 Dept: 30
JOSHUA GIBSON vs OSCAR NAVIDAD TENTATIVE Plaintiff Joshua Gibson’s motions to compel responses to special interrogatories is GRANTED. Defendant Oscar Navidad is ordered to provide verified responses without objections to the discovery requests within 20 days of this order. Plaintiff’s request for sanctions is DENIED. Moving party is ordered to give notice. Discussion On February 2, 2023, Plaintiff served Special Interrogatories, Set One, on Defendant. (Loghmana Decl., ¶ 4; Exh. A.) No verified responses were provided. As Plaintiff properly served the requests for discovery, and Defendant has failed to provide responses, the Court finds Plaintiff is entitled to a court order directing Defendant to provide verified responses without objections to the discovery requests served on Defendant. Therefore, the motion is granted. Plaintiff 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. Plaintiff’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.) |