Judge: Michael Shultz, Case: 24STCV00073, Date: 2025-04-09 Tentative Ruling

Case Number: 24STCV00073    Hearing Date: April 9, 2025    Dept: 40

24STCV00073 Cassandra Rodriguez v. N&R Diamond, LLC

[TENTATIVE] ORDER GRANTING DEFENDANT’S MOTION TO COMPEL INITIAL RESPONSES TO FIRST SET OF FORM INTERROGATORIES AND FOR MONETARY SANCTIONS

[TENTATIVE] ORDER GRANTING DEFENDANT’S MOTION TO COMPEL INITIAL RESPONSES TO FIRST SET OF REQUEST FOR PRODUCTION OF DOCUMENTS AND FOR MONETARY SANCTIONS

[TENTATIVE] ORDER DENYING DEFENDANT’S MOTION TO COMPEL DEPOSITION ATTENDANCE OF PLAINTIFF, CASSANDRA RODRIGUEZ AND FOR MONETARY SANCTIONS

      The complaint alleges that Plaintiff leased commercial real property from Defendant, who breached the agreement due to non-compliant conditions at the property. Defendant moves for an order compelling Plaintiff to respond to the first set of interrogatories and document requests served on November 26, 2024. Defendant gave Plaintiff two extensions to respond. No responses have been served.

      Defendant requests an order to compel Plaintiff’s attendance at deposition on January 30, 2025, as the parties agreed based on a November 26, 2024, notice. Plaintiff failed to appear. Defendant asks for imposition of sanctions against Plaintiff, Cassandra Rodriguez for fees and costs incurred to prepare all three motions.

      Where a party fails to timely respond to interrogatories and a document request, the court may 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).) Plaintiff did not serve responses to discovery and did not file an opposition to the motions. Accordingly, the motions are granted.

      The court imposes sanctions of $660 ($600/hour x 1 hour + $60 filing fee) for the motion to compel response to form interrogatories and $660 for the motion to prepare the motion to compel response to request for production of documents. 

      The motion to compel Plaintiff to appear at her deposition is denied. When a deponent fails to appear for deposition, the moving party must provide a declaration stating that the moving party contacted the deponent to inquire about the non-appearance. (Code Civ. Proc., § 2025.450 subd. (b)(2).) Defense counsel was in contact with Plaintiff’s counsel prior to the deposition, and Plaintiff’s counsel informed that he was in trial and could not appear, he was unable to reach plaintiff, and he may have to substitute out of the case. (Richard Walden decl.) The declaration does not affirm that defense counsel contacted Plaintiff’s counsel after the scheduled deposition. (Id. at ¶ 11.) Mr. Walden did not meet and confer with Plaintiff’s counsel and had no other communication with him. (Id. at ¶ 12.)

      Based on the foregoing, Defendant’s motions to compel responses to form interrogatories request for production of documents are GRANTED. Plaintiff is ordered to provide verified responses without objection to both requests within 30 days. Sanctions of $660 are imposed against Plaintiff for each motion, payable to Defendant within 30 days.

      The motion to compel Plaintiff’s appearance at deposition is DENIED.