Judge: Melvin D. Sandvig, Case: 21STCV21293, Date: 2023-03-06 Tentative Ruling

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Case Number: 21STCV21293    Hearing Date: March 6, 2023    Dept: F47

Dept. F47

Date: 3/6/23                                                             TRIAL DATE: 6/19/23

Case #21STCV21293

MOTION TO COMPEL

(Special Interrogatories, Set 2)

Motion filed on 2/3/23.

MOVING PARTY: Defendant HDL, Inc. dba Pacoima Adult Day Care (erroneously sued and served as GMA Management Group, Inc. dba Pacoima Adult Day Care)

RESPONDING PARTY: Plaintiff Phyllis Ginolfi

NOTICE: ok

RELIEF REQUESTED: An order compelling Plaintiff to serve verified responses, without objections, to Defendant’s Special Interrogatories, Set 2.  Additionally, Defendant requests sanctions against Plaintiff in the amount of $820.00.

RULING: The motion is granted as set forth below.  Responses are due and sanctions are payable within 15 days. 

This action arises out of an alleged fall that occurred while Plaintiff Phyllis Ginolfi (Plaintiff)

was a patient at Defendant HDL, Inc. dba Pacoima Adult Day Care’s (Defendant) adult day care facility.  Plaintiff alleges Defendant’s negligence caused her fall and alleges injuries and damages as a result.  On 6/7/21, Plaintiff filed this action against Defendant and Right Choice In-Home Care, Inc. for: (1) Dependent Adult/Elder Abuse and (2) Negligence.  Defendant filed its Answer on 7/27/21.

On 10/20/22, Defendant served Special Interrogatories, Set 2 on Plaintiff.  (D’Andrea Decl.).  Plaintiff failed to timely respond.  Id.  Pursuant to Plaintiff’s counsel’s request, Defendant granted Plaintiff a one-week extension to respond to the Special Interrogatories making responses due 11/28/22.  Id.  Plaintiff failed to serve responses.  Id. 

As a result, on 2/3/23, Defendant filed and served the instant motion seeking an order compelling Plaintiff to serve verified responses, without objections, to Defendant’s Special Interrogatories, Set 2.  Additionally, Defendant requests sanctions against Plaintiff in the amount of $820.00.  Plaintiff has not opposed or otherwise responded to the motion.