Judge: Mark E. Windham, Case: 21STLC03429, Date: 2023-01-04 Tentative Ruling

Case Number: 21STLC03429    Hearing Date: January 4, 2023    Dept: 26

Cruz v. Rangel, et al.


MOTION TO COMPEL RESPONSES TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS

 (CCP §§ 2030.290, 2031.300)

TENTATIVE RULING:  

Defendant Dolores Rangel’s (1) Motion to Compel Responses to Form Interrogatories, Set One; and (2) Motion to Compel Responses to Request for Production of Documents, Set One, are DENIED WITHOUT PREJUDICE.

ANALYSIS:

On July 20, 2022, Defendant Dolores Rangel (“Defendant”) served Form Interrogatories, Set One, and Request for Production of Documents, Set One, on Plaintiff Celso Cruz (“Plaintiff”). (Motion, Baurac Decl., Exh. A.) To date, Plaintiff has not served responses. (Id. at ¶7.) Defendant filed the instant (1) Motion to Compel Responses to Form Interrogatories, Set One; and Request for Sanctions; and (2) Motion to Compel Responses to Request for Production of Documents, Set One; and Request for Sanctions, on November 17, 2022. No opposition to the Motions has been filed to date.

Discussion

The Court finds that the discovery requests served on Plaintiff do not comply with Code of Civil Procedure section 94, which limits the number of written discovery requests to 35 in the limited jurisdiction court. (Code Civ. Proc., § 94, subd. (a).) Defendant has served more than 35 requests on Plaintiff. (Motions, Baurac Decl., Exhs. A.) The Form Interrogatories, Set One, also violates Civil Code section 94 by including interrogatories with subparts. (Code Civ. Proc., § 94, subd. (a)(1). Form interrogatories approved by the Judicial Council for the Limited Jurisdiction Court are set forth at Judicial Council Form DISC-004.

Based on the foregoing, the discovery motions are denied. The Court will not grant motions to compel discovery propounded in violation of the Code of Civil Procedure.

Conclusion

Defendant Dolores Rangel’s (1) Motion to Compel Responses to Form Interrogatories, Set One; and (2) Motion to Compel Responses to Request for Production of Documents, Set One, are DENIED WITHOUT PREJUDICE.

Court clerk to give notice.