Judge: Michael Shultz, Case: 23CMCV00632, Date: 2024-10-17 Tentative Ruling

Case Number: 23CMCV00632    Hearing Date: October 17, 2024    Dept: A

23CMCV00632 Takema Cox v. Ricardo Buenrostro, et al.

Thursday, October 17, 2024, at 8:30 a.m.

[TENTATIVE] ORDER GRANTING DEFENDANT’S MOTION TO COMPEL PLAINTIFF’S VERIFIED RESPONSES TO FORM INTERROGATORIES; REQUEST FOR MONETARY SANCTIONS

[TENTATIVE] ORDER GRANTING DEFENDANT’S MOTION TO COMPEL PLAINTIFF’S VERIFIED RESPONSES TO SPECIAL INTERROGATORIES; REQUEST FOR MONETARY SANCTIONS

[TENTATIVE] ORDER GRANTING DEFENDANT’S MOTION TO COMPEL PLAINTIFF’S VERIFIED RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS; REQUEST FOR MONETARY SANCTIONS

      This action arises from injuries Plaintiff sustained in an auto accident with Defendant, Ricardo Buenrostro, who allegedly collided with Plaintiff due to defective brakes. Plaintiff alleges claims for negligence for Defendants’ failure to maintain the vehicle and for products liability for a defective brake light, switch clip.

      Defendant, Ricardo Buenrostro, served Plaintiff with written discovery on April 1, 2024. Plaintiff did not serve responses despite extended deadlines to respond that Defendant granted upon request.

      Plaintiff was timely served with the motions and did not file an opposition.

      Where a party fails to timely respond to interrogatories and a document request, the court has authority to compel a response. (Code Civ. Proc., §2030.290(b), §2031.300(b).) Untimely responses result in a waiver of objections. (Code Civ. Proc., § 2030.290(a), § 2031.300(a).)

      Based on the foregoing, Defendant’s three motions are GRANTED. Plaintiff is ordered to serve within 30 days, verified, code-compliant responses without objection to form and special interrogatories, set one, and request for production of documents, set one.

      Sanctions are imposed for Plaintiff’s failure to provide substantial justification for the failure to respond to discovery, calculated as follows:  

      Sanctions of $2,070 are payable to Defendant’s counsel within 30 days.