Judge Mark A. Young, Case Number: 23SMCV03276, Date: 2024-10-16 Tentative Ruling

Judge: Mark A. Young, Case: 23SMCV03276, Date: 2024-10-16 Tentative Ruling

Case Number: 23SMCV03276 Hearing Date: October 17, 2024 Dept: M

CASE NAME: Castellanos, et al., v. Budelis, et al.

CASE NO.: 23SMCV03276

MOTION: Motion to Compel Initial Discovery Responses

HEARING DATE: 10/17/2024

Legal Standard

If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetary sanction. (CCP § 2030.290(b).) The statute contains no time limit for a motion to compel where no responses have been served. All that need be shown in the moving papers is that a set of interrogatories was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served. (Leach v. Superior Court (1980) 111 Cal. App. 3d 902, 905-906.)

ANALYSIS

Defendant Ultra Gate Corporation moves for an order compelling Plaintiff Jose Castellanos to respond to its Form Interrogatories, Set One, without objections within ten days. Defendant also moves to compel Plaintiff Fernando Sandoval to respond to Form Interrogatories, Set One. Defendant requests sanctions of $860.00 per motion against Plaintiffs and their counsel of record.

On May 31, 2024, Defendant served Plaintiffs Castellanos and Sandoval with its initial set of discovery, which included the subject Special and Form Interrogatories. (Farahmand Decl. ¶4; Ex. A.) As Defendant did not receive timely responses, on July 3, 2024, Defendant sent a meet and confer letter to Plaintiffs, granting a courtesy two-week extension for Plaintiff to respond. (Farahmand Decl. ¶6; Ex. B.) Plaintiffs did not respond to the letter or the discovery. (Farahmand Decl. ¶7.) To date, Plaintiffs have failed to respond to the outstanding discovery.

Defendant demonstrates its discovery was duly served on Plaintiffs, and Plaintiffs failed to respond within the allotted time. Accordingly, the motions are GRANTED. Plaintiff is ordered to respond without objection within ten days to the subject discovery. Sanctions are imposed in the noticed amount as follows: 1) $860.00 against Plaintiff Sandoval and counsel of record, jointly and severally; and 2) $860.00 against Plaintiff Castellanos and counsel of record, jointly and severally. Sanctions are to be paid within 30 days to Defendant’s counsel of record.