SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

 

1. Motion to Compel¿ 

Defendant Lynn Harris Jacobs (“Defendant”) seeks an order compelling responses to discovery. Defendant propounded set one of “pre-trial interrogatories” on Plaintiff Eric Hargraves (“Plaintiff”) March  7, 2023.  (Mot. Decl. Rorabaugh ¶ 3; Exh. A.) Plaintiff’s responses were due on or before April 8, 2023. (Ibid.) After providing Plaintiff an extension, Plaintiff has not served responses. (Id. at ¶ 4.) Defendant therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions. Any opposition was due on or before August 18, 2023. No opposition was filed. 

 

Defendant’s unopposed motion is granted.  Plaintiff is ordered to serve verified responses to Defendant’s set one of pre-trial interrogatories, without objections, within twenty (20) days. (CCP §§ 2030.290(a),(b).) 

 

2. Sanctions¿ 

Sanctions are mandatory against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response to interrogatories, unless a court makes certain findings.¿ (Code Civ. Proc., § 2030.290(c), 2031.300(c).)¿ Plaintiff did not file any opposition. However, sanctions may be awarded, even though no oppositions were filed pursuant to CRC 3.1348(a). Defendant seeks sanctions in the amount of $1,008.50.  

However, CCP § 2023.040 provides that a request for a sanction shall, in the notice of motion, identify every person, party, and attorney against whom the sanction is sought, and specify the type of sanction sought. Defendant’s notice of motion fails to identify each person, party, and attorney against whom the sanction is sought. Therefore, no sanctions are imposed.