Judge: Lynne M. Hobbs, Case: 23STCV15617, Date: 2024-04-03 Tentative Ruling

Case Number: 23STCV15617    Hearing Date: April 4, 2024    Dept: 30

MARVIN AMAYA vs JONATAN VILLALOBOS

TENTATIVE

Plaintiff Marvin Amaya’s motion to compel responses to special interrogatories is GRANTED. Defendant Jonatan Villalobos is ordered to provide responses without objection to Plaintiff’s request for special interrogatories, set one, within 20 days of this order.

Plaintiff’s request for sanctions is DENIED.

Moving party is ordered to give notice.

Discussion

Plaintiff propounded Form Interrogatories, Set One, on Defendant on January 15, 2024. (Sklar Decl., ¶ 4; Exh. 2.) Responses would have been due on Feb 17, 2024. To date, Plaintiff has not received responses.

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 seeks sanctions against Defendant. Code of Civil Procedure § 2030.290(c) mandates the imposition of sanctions when the motion was 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.)