Judge: Martha K. Gooding, Case: 21-01188340, Date: 2023-08-14 Tentative Ruling

1) Motion to Compel Answers to Form Interrogatories

2) Motion to Compel Answers to Special Interrogatories

The Court GRANTS the Motions by Plaintiffs Ha Truong and Hai Le (collectively, “Plaintiffs”) to compel Defendant Jamie Orduno-Flores (“Defendant”) to provide initial responses to Plaintiffs’ Special Interrogatories (Set One) and Form Interrogatories (Set One).

Defendant is ordered to provide initial responses, without objections, within 20 days of notice of this order.

A plaintiff may move for an order compelling responses to interrogatories at any time “[i]f a party to whom interrogatories are directed fails to serve a timely response.”  Code Civ. Proc. § 2030.290(b).  By failing to serve timely responses, Plaintiff waived “any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product.”  Code Civ. Proc. § 2030.290(a).

On February 24, 2023, Plaintiffs properly served Defendant electronically with Special Interrogatories, Set One, and Form Interrogatories, Set One. (Herrera Decl., ¶2). Defendant failed to serve responses or ask for any extension. (Herrera Decl., ¶3).

Plaintiffs’ counsel attempted to call Defendant’s counsel on April 6, 2023, but could reach neither defense counsel nor any employee or representative of defense counsel’s office. (Herrera Decl., ¶4).  Plaintiffs’ counsel therefore sent a meet and confer letter to Defendant’s counsel on April 6, 2023, requesting that Defendant provide responses to Plaintiffs’ Form Interrogatories, Set One, without objection, by April 16, 2023 (Herrera Decl., ¶5). To date, Plaintiffs have received no response to their meet and confer letter (Herrera Decl., ¶7).

Defendant has not opposed the Motions.

Plaintiffs have shown the Motion have merit.  Accordingly, the Motions are granted, and Defendant is ordered to pay Plaintiffs monetary sanctions in the total sum of $857.50 (for both motions) within 30 days.

Plaintiffs are ordered to give notice of this Order.