Judge: Mark E. Windham, Case: 21STLC05242, Date: 2022-12-19 Tentative Ruling
Case Number: 21STLC05242 Hearing Date: December 19, 2022 Dept: 26
MOTION
TO COMPEL RESPONSES TO INTERROGATORIES;
REQUEST
FOR SANCTIONS
(CCP
§§ 2030.290, 2023.010)
TENTATIVE RULING:
Defendant Chris Latorre’s (1) Motion to Compel Responses to
Form Interrogatories, Set One; and Request for Sanctions; and (2) Motion to
Compel Responses to Special Interrogatories, Set One; Request for Sanctions are
DENIED WITHOUT PREJUDICE.
ANALYSIS:
On July 8, 2022, Defendant Chris Latorre (“Defendant”)
served Form Interrogatories, Set One, and Special Interrogatories, Set One, on
Plaintiff Roslind Hilton (“Plaintiff Roslind Hilton”). (Motions, Smith Decl., Exh. A.) Despite a meet and confer effort
extending the deadline to respond to the requests, Plaintiff Rosalind Hilton
has not served responses. (Id. at ¶¶4-5 and Exh. B.) 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 Special
Interrogatories, Set One; Request for Sanctions, on November 21, 2022. No
opposition to the Motions has been filed to date.
The Court finds that the discovery requests served on
Plaintiff Roslind Hilton 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 Roslind Hilton. (Motions, Smith Decl., Exh. A.) Therefore, 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 Chris Latorre’s (1) Motion to Compel Responses to
Form Interrogatories, Set One; and Request for Sanctions; and (2) Motion to
Compel Responses to Special Interrogatories, Set One; Request for Sanctions are
DENIED WITHOUT PREJUDICE.
Court clerk to give notice.