Judge: Melvin D. Sandvig, Case: 23CHCV03428, Date: 2024-07-15 Tentative Ruling

Case Number: 23CHCV03428    Hearing Date: July 15, 2024    Dept: F47

Dept. F47

Date: 7/15/24

Case 23CHCV03428

MOTION TO COMPEL FURTHER RESPONSES

(Special Interrogatories, Set 1)

Motion filed on 4/3/24.

MOVING PARTY: Plaintiff Kenneth Armstrong

RESPONDING PARTY: Defendant Vallarta Food Enterprises, Inc.

NOTICE: ok

RELIEF REQUESTED: An order compelling Defendant Vallarta Food Enterprises, Inc. to provide further responses to Special Interrogatories, Set 1, numbers 33-35.  Additionally, Plaintiff requests sanctions against Vallarta and its attorneys of record, Homan, Stone & Rossi, in the amount of $410.00.

RULING: The motion is granted. 

SUMMARY OF FACTS & PROCEDURAL HISTORY

This action arises out of an incident that occurred on 8/23/23 when Plaintiff Kenneth Armstrong (Plaintiff) slipped and fell on water at a Vallarta store.  Plaintiff alleges that he suffered a concussion and other injuries as a result of the incident. 

On 11/7/23, Plaintiff filed this action against 13820 Foothill, LLC and Does 1-50 for: (1) Negligence and (2) Premises Liability.  On 12/12/23, Plaintiff named Vallarta in place of Doe 1.  On 1/10/24, Gonzalez Food Enterprises, Inc., erroneously sued and served as Vallarta Food Enterprises, Inc. as Doe 1 (Vallarta) filed an answer to the complaint.

On 1/17/24, Plaintiff served Vallarta with Special Interrogatories, Set 1.  (Kilday Decl., Ex.1).  On 2/16/24, Vallarta electronically served Plaintiff with responses to the interrogatories.  (Id., Ex.2).  On 3/29/24, Plaintiff sent a meet and confer correspondence and contacted Vallarta’s attorneys regarding the deficient discovery responses.  (Id., Ex.5).  However, Vallarta’s counsel failed to respond.  (Id. ¶¶6-7).  Thereafter, Plaintiff’s counsel requested that Vallarta extend the time for Plaintiff to file a motion to compel further responses to 4/30/24.  (Id. ¶8, Ex.4).  Vallarta’s counsel did not respond to the request for an extension.  (Id. ¶¶9-13). 

Therefore, on 4/3/24, Plaintiff filed and served the instant motion seeking an order compelling Vallarta to provide further responses to Special Interrogatories, Set 1, numbers 33-35.  Additionally, Plaintiff requests sanctions against Vallarta and its attorneys of record, Homan, Stone & Rossi, in the amount of $410.00.  Vallarta has not opposed or otherwise responded to the motion. 

ANALYSIS

Generally, a party may obtain discovery regarding any unprivileged matter that is relevant to the subject matter of the action, if the matter is admissible or appears reasonably calculated to lead to the discovery of admissible evidence.  See CCP 2017.010.

A party may move to compel further responses to interrogatories, if it deems an answer to be evasive or incomplete or an objection to an interrogatory is without merit or too general.  See CCP 2030.300(a)(1), (3).  The instant motion is timely as it was filed and served within 45 days plus 2 court days for the electronic service of the responses.  See CCP 2030.300(c); CCP 1010.6(a)(3)(B). 

Here, the subject special interrogatories seek information relating to other similar falls or injuries at Vallarta’s property for the 5 years preceding the incident which is the subject of this action.  Vallarta has responded to the interrogatories with objections claiming that the questions are overbroad, vague, ambiguous and irrelevant.  Vallarta has failed to meet its burden of justifying its objections.  See Fairmont Insurance Co. (2000) 22 C4th 245, 255.  The Court finds the information sought in Special Interrogatories 33, 34, 35 to be relevant to the issues in this case.  Additionally, the interrogatories are not overbroad, vague or ambiguous as they are limited in time (5 years before the subject incident) and scope (similar occurrence).

Plaintiff is entitled to sanctions against Vallarta and its counsel, Homan, Stone & Rossi, in the amount of $410.00 for their failure to comply with their discovery obligations.  CCP 2030.300(d). 

CONCLUSION

The motion is granted.  Further responses are due and sanctions are payable within 30 days.