Judge: Lynne M. Hobbs, Case: 23STCV24680, Date: 2024-03-29 Tentative Ruling

Case Number: 23STCV24680    Hearing Date: March 29, 2024    Dept: 30

JOHNNIE JACKSON, JR, AN INDIVIDUAL vs GREGORY S. SMITH, AN INDIVIDUAL, et al.

TENTATIVE

Defendants Gregory S. Smith and Barbara S. Reece’s motions to compel responses to form interrogatories, special interrogatories, and request for production of documents, are GRANTED. Plaintiff Johnnie Jackson, Jr. is ordered to provide verified responses without objections to the discovery requests within 20 days of this order.

Defendants’ request for sanctions is DENIED for inadequate notice.

Moving party is ordered to give notice.

Discussion

On November 8, 2023, Defendants served Form Interrogatories, Set One, Special Interrogatories, Set One, and Request for Production, Set One, on Plaintiff. (Kothary Decl., ¶ 2; Exhs. A.) To date, no responses were provided. (Id., ¶ 5.)

Because Defendants properly served the requests for discovery, and Plaintiff has failed to provide responses, the Court finds Defendants are 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.

Defendants seek sanctions against Plaintiff. However, the request for sanctions cannot be granted. Code of Civil Procedure 2023.040 states: “A request for a sanction shall, in the notice of motion, identify every person, party, and attorney against whom the sanction is sought.” Defendants fails to identify who they seek sanctions against in the notice of motion. Thus, the request for sanctions is denied for inadequate notice.