Judge: Mark E. Windham, Case: 23STLC01016, Date: 2023-07-10 Tentative Ruling

Case Number: 23STLC01016    Hearing Date: July 10, 2023    Dept: 26

 

Koury v. FB Insure Select, LLC, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES; SANCTIONS

(CCP §§ 2030.290, 2023.010)

 

TENTATIVE RULING:

 

Plaintiff Ken Koury’s Motion to Compel Responses to Form Interrogatories, Set One, and Request for Sanctions is GRANTED. DEFENDANT JANESSA RODRIGUEZ IS TO SERVE VERIFIED RESPONSES TO THE INTERROGATORIES, WITHOUT OBJECTIONS, WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT JANESSA RODRIGUEZ IS ORDERED TO PAY SANCTIONS OF $100.00 TO PLAINTIFF WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

 

 

 

 

ANALYSIS:

 

Plaintiff Ken Koury (“Plaintiff”) propounded Form Interrogatories, Set One, on Defendant Janessa Rodriguez (“Defendant Rodriguez”) on April 7, 2023. (Motion, Koury Decl., Exh. A.) Following no response from Defendant Rodriguez after a meet and confer letter, Plaintiff filed the instant Motion to Compel Responses to Form Interrogatories, Set One, on June 6, 2023. (Id. at Exh. B.) To date, no opposition has been filed.

 

There is no requirement for a prior meet and confer effort before a motion to compel initial responses can be filed. (Code Civ. Proc., § 2030.290.) Further, the motion can be brought any time after the responding party fails to provide the responses.  (Code Civ. Proc., § 2030.290.) Based on Defendant Rodriguez’s failure to provide verified responses to the propounded discovery, Plaintiff is entitled to an order compelling them to serve verified responses to the interrogatories without objections.

 

Defendant Rodriguez’s failure to timely respond constitutes a misuse of the discovery process. (Code Civ. Proc., § 2023.010, subd. (d).) Sanctions are appropriate under Code of Civil Procedure sections 2023.010 and 2023.030 and have been properly noticed. Plaintiff is awarded $100.00 in costs. (Motion, Koury Decl., ¶5.)

 

Conclusion

 

Plaintiff Ken Koury’s Motion to Compel Responses to Form Interrogatories, Set One, and Request for Sanctions is GRANTED. DEFENDANT JANESSA RODRIGUEZ IS TO SERVE VERIFIED RESPONSES TO THE INTERROGATORIES, WITHOUT OBJECTIONS, WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT JANESSA RODRIGUEZ IS ORDERED TO PAY SANCTIONS OF $100.00 TO PLAINTIFF WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

 

 

Moving party to give notice.