Judge: Mark H. Epstein, Case: 23SMCV00516, Date: 2023-09-14 Tentative Ruling

Case Number: 23SMCV00516    Hearing Date: January 5, 2024    Dept: I

The unopposed motion to compel is GRANTED.  Sanctions are (reluctantly) imposed in the amount of $761.65.

Defendant served form interrogatories on September 25.  Responses were due on November 5 but no responses were received.  Defendant inquired as to the reason, but still got no responses.  This motion followed.  On the same day as the motion was filed, plaintiff filed a response to the motion.  However, the response filed in court does not explain why plaintiff did not need to respond to the interrogatories.  The closest plaintiff comes is to assert (correctly) that defendant never got permission to propound them.  But defendant needs no permission.  Interrogatories may be propounded without the need for a prior court order and plaintiff must respond.

Plaintiff is ordered to provide verified responses without objection within 30 days.

As to sanctions, they are mandatory absent substantial justification.  There is no such justification here.  The amount requested is reduced only because there was no real opposition and therefore no reply.  The sanctions are payable within 30 days.

The court notes that it is taking no position on the ultimate merits of the case.  Indeed, the court knows very little about the case.  This is a discovery motion.  Plaintiff, if plaintiff wants to sue defendant, must be willing to shoulder the obligations imposed by litigation.