Judge: Melvin D. Sandvig, Case: 23CHCV01500, Date: 2024-12-10 Tentative Ruling
Case Number: 23CHCV01500 Hearing Date: December 10, 2024 Dept: F47
Dept. F47
Date: 12/10/24
TRIAL DATE: 4/21/25
Case #23CHCV01500
MOTION TO
COMPEL
(Form
Interrogatories, Set 1)
Motion filed on 4/30/24.
MOVING PARTY: Plaintiff/Cross-Defendant
Griselda Sierra-Arriaza
RESPONDING PARTY: Defendant/Cross-Complainant
Pauline Macareno
NOTICE: ok
RULING: The motion is granted as set forth
below.
SUMMARY OF FACTS & PROCEDURAL HISTORY
Griselda Sierra-Arriaza’s (Arriaza) operative First
Amended Complaint alleges causes of action against Pauline Macareno (Macareno) and
others for: (1) Breach of Contract, (2) Common Counts and (3) Fraud. Macareno has filed a cross-complaint against
Eliseo Sierra for: (1) Equitable Indemnity and (2) Common Counts – Money Had
and Received.
On 1/11/24, Arriaza served Macareno with Form
Interrogatories, Set 1, making responses due on or before 2/15/24. (Miller Decl., Ex.1). Since responses were not received, on 4/4/24,
Arriaza’s counsel sent a letter to Macareno requesting responses; however, no
response was received. (Miller Decl.,
Ex.2).
As a result, on 4/30/24, Arriaza filed and served the
instant motion seeking an order compelling Defendant/Cross-Complainant Pauline
Macareno to serve responses without objection to Plaintiff/Cross-Defendant
Griselda Sierra-Arriaza’s Form Interrogatories, Set 1, within 10 days. Additionally, Arriaza requests an order
imposing sanctions against Macareno in the amount of $1,510.00. Macareno has not opposed or otherwise
responded to the motion.
ANALYSIS
Due to Macareno’s failure to provide timely responses to
the subject Form Interrogatories, Arriaza is entitled to an order compelling
Macareno to provide responses without objection. CCP 2030.290(a), (b). Additionally, Arriaza is entitled to an award
of sanctions against Macareno due to her failure to comply with her discovery
obligations. CCP 2023.010(d); CCP
2023.030(a); CCP 2030.290(c). The Court
finds that sanctions in the amount of $872.00 (.3 hours to meet and confer +
1.5 hours to prepare motion + 1 hour to prepare for and appear at the hearing
multiplied by $290/hour + $60 filing fee) are reasonable under the
circumstances. (See Miller Decl.
¶¶6-11).
CONCLUSION
The motion is granted.
Defendant/Cross-Complainant Pauline Macareno is ordered to provide
responses, without objection, to Form Interrogatories, Set 1, served on her by Plaintiff/Cross-Defendant
Griselda Sierra-Arriaza within 30 days.
Macareno is also ordered to pay sanctions in the amount of $872.00
within 30 days.