Judge: Melvin D. Sandvig, Case: 21CHCV00154, Date: 2022-08-16 Tentative Ruling

Case Number: 21CHCV00154    Hearing Date: August 16, 2022    Dept: F47

Dept. F-47

Date: 8/16/22

Case #21CHCV00154

MOTION TO COMPEL

(Special Interrogatories, Set 1)

Original motion filed on 5/17/22.  Notice of Errata and (amended) motion filed on 8/1/22 which corrects bookmarking defect in original motion.

MOVING PARTY: Plaintiff State Farm General Insurance Company

RESPONDING PARTY: Defendant Suchpreet Singh Dhillon

NOTICE: ok

RELIEF REQUESTED: An order compelling Defendant Suchpreet Singh Dhillon to provide answers, without objections, to Special Interrogatories, Set 1.  Additionally, Plaintiff requests sanctions against Defendant Suchpreet Singh Dhillon in the amount of $1,860.

RULING: The motion is granted as set forth below.  Responses are due and sanctions are payable within 30 days.

On 2/22/22, Plaintiff State Farm General Insurance Company (Plaintiff) served the subject discovery on Defendant Suchpreet Singh Dhillon (Defendant).  No responses have been served.  Therefore, on 5/17/22, Plaintiff filed and served the instant motion seeking an order compelling Defendant to provide answers, without objections, to Special Interrogatories, Set 1.  Additionally, Plaintiff requests sanctions against Defendant in the amount of $1,860.

No response/opposition to the motion has been filed.  On 8/1/22, Defendant’s counsel confirmed that the address where the motion was served is his current address.  (See 8/1/22 Minute Order).

Due to Defendant’s failure to respond to the discovery, Plaintiff is entitled to an order compelling responses, without objections, to Special Interrogatories, Set 1.  CCP 2030.290(a), (b).  Additionally, Plaintiff is entitled to an award of sanctions against Defendant for Defendant’s failure to comply with his discovery obligations.  CCP 2030.290(c).  The Court finds that sanctions against Defendant in the amount of $860.00 to be just and reasonable (1 hour to prepare the motion + 1 hour to prepare for and appear at the hearing at $400/hour + $60 filing fee). 

The Court appreciates Plaintiff’s attempt to cure the failure to bookmark the declaration, exhibit and proof of service attached to the motion filed on 5/17/22 by filing a notice of errata and a new version of the motion on 8/1/22.  However, while bookmarks appear in the motion filed on 8/1/22, they are not linked to the first page of the bookmarked item as required.