Judge: Lynne M. Hobbs, Case: 23STCV13294, Date: 2024-04-04 Tentative Ruling

Case Number: 23STCV13294    Hearing Date: April 4, 2024    Dept: 30

SERGIO COTA JR. vs CADWALLADE KELSEY

TENTATIVE

Defendant Cadwallade Kelsey’s motions to compel responses to form interrogatories, special interrogatories, and request for production of documents are GRANTED. Plaintiff Sergio Cota Jr. 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 December 23, 2023, Defendants served Form Interrogatories, Set One, Special Interrogatories, Set One, and Request for Production, Set One, on Plaintiff. (Settles Decl., ¶ 3; Exhs. A.) To date, no responses were provided. (Id., ¶ 7.)

As Defendant properly served the requests 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 requests served on Plaintiff. Therefore, the motions are granted.

Defendant seeks sanctions against Plaintiff. Code of Civil Procedure §§ 2030.290(c) and 2031.300(c) allow for sanctions when the motion was unsuccessfully opposed. Here, as the motions were not opposed, the request for sanctions is denied.