Judge: Martha K. Gooding, Case: 2021-01228931, Date: 2022-10-31 Tentative Ruling
Motion to Compel Further Responses to Form Interrogatories
The unopposed Motion by Defendant Arizona Power & Light, LLC (“Defendant”) to Compel Further Responses to Form Interrogatories is GRANTED pursuant to section 2030.300 of the Code of Civil Procedure (“CCP”).
Plaintiff Sonny Seonkeun Lee (“Plaintiff”) is ordered to provide further verified responses, without objections, to Form Interrogatories, Set One, Nos. 8.4, 8.7 and 8.8, within 10 days of notice of this order.
Initially, the Court finds the instant Motion was timely filed, pursuant to CCP section 2030.300(c).
Additionally, the Motion is accompanied by a meet and confer declaration, as required by CCP section 2030.300(b)(1).
On the merits, the Motion is GRANTED on the ground that Plaintiff’s responses to the three interrogatories at issue are incomplete. Each of the Form Interrogatories at issue seeks information related to Plaintiff’s income and lost income. (See Separate Statement [ROA No. 46]). With respect to each, the interrogatory asks Plaintiff to identify how the amount provided was calculated; however, in all cases Plaintiff failed to provide a response to this subpart. (Id.).
Although Plaintiff’s responses (which do not assert objections) state an amount, they are nonetheless incomplete because they do not state how the amount was calculated – which was part of the request.
Consequently, an order compelling further responses is justified.
Finally, pursuant to CCP sections 2030.300(d), 2023.030(a) and 2023.010(f), Plaintiff Sonny Seonkeun Lee is ordered to pay sanctions to Defendant Arizona Power & Light, LLC in the total amount of $872.50, which must be paid within 30 days of notice of this order.
Defendant is ordered to give notice.