Judge: Mark E. Windham, Case: 22STLC03662, Date: 2023-02-21 Tentative Ruling
Case Number: 22STLC03662 Hearing Date: February 21, 2023 Dept: 26
MOTION
TO COMPEL RESPONSES TO INTERROGATORIES AND REQUEST FOR SANCTIONS
(CCP
§§ 2030.290, 2023.010)
ANALYSIS:
On June 22, 2022, Plaintiff Eduardo Berlioz (“Plaintiff”)
served Special Interrogatories, Set One, on Defendant Julian Alberto Mena
Correa (“Defendant”). (Motion, Montakab Decl.,
Exh. A.) Despite a meet and confer effort extending the deadline to respond to
the requests, Defendant has not served responses. (Id. at ¶¶4-5 and Exh.
C.) Plaintiff filed the instant Motion to Compel Responses to Special
Interrogatories, Set One and Request for Sanctions, on September 2, 2022. No
opposition to the Motions has been filed to date.
Discussion
The Court finds that the discovery requests served on
Defendant 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).) The Court previously determined that
Plaintiff has served more than 35 requests on Defendant. (Minute Orders,
11/03/22 and 02/06/23.) Based on the foregoing, the discovery motion is denied.
The Court will not grant a motion to compel discovery propounded in violation
of the Code of Civil Procedure.
Conclusion
Plaintiff Eduardo Berlioz’s Motion
to Compel Responses to Special Interrogatories, Set One, Request for Sanctions,
is DENIED WITHOUT PREJUDICE.
Court clerk to give notice.