Judge: Nathan Vu, Case: 2020-01140631, Date: 2022-09-19 Tentative Ruling

Motion to Compel Special Interrogatories and Form Interrogatories

The motion to compel responses to Defendant’s Special Interrogatories, Set Two and Form Interrogatories, Set Two of Defendant Indecon Builders, Inc. is GRANTED.

Plaintiff Dina Rodriguez shall provide verified responses, without objections, to Defendant Indecon Builders, Inc.’s Special Interrogatories, Set Two and Form Interrogatories, Set Two within 30 days of service of the notice of ruling.

Defendant Indecon Builders, Inc.’s request for sanctions is GRANTED.

Plaintiff Dina Rodriguez shall pay sanctions in the amount of $450 to Defendant Indecon Builders, Inc. within 30 days of service of the  notice of ruling.

Defendant Indecon Builders, Inc. moves to compel responses to its Special Interrogatories, Set Two, and Form Interrogatories, Set Two, propounded upon Plaintiff Dina Rodriguez.

Plaintiff failed to serve timely responses to Defendant’s special and form interrogatories, and failed to file an opposition or other response to Defendant’s motion to compel.

Plaintiff thus has “waive[d] any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product . . . .” (Civil Proc. Code, § 2030.290, subd. (a).)

Civil Procedure Code section 2030.290(c) requires the court to “impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response to interrogatories, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.”  (Civil Proc. Code, § 2030.290, subd. (c).)  Here, Plaintiff has provided no substantial justification or other circumstances that make the imposition of sanctions unjust.

Motion to Deem as Admitted

The motion to deem as admitted the truth of the matters specified in Defendant Indecon Builders, Inc.’s Requests for Admission, Set Two is GRANTED.

Defendant Indecon Builders, Inc.’s request for sanctions is GRANTED.

Plaintiff Dina Rodriguez shall pay sanctions in the amount of $450 to Defendant Indecon Builders, Inc. within 30 days of service of the notice of ruling.

Plaintiff failed to serve timely responses to Defendant’s requests for admission, and failed to file an opposition or other response to Defendant’s motion to deem as admitted.

Plaintiff therefore has “waive[d] any objection to the requests, including one based on privilege or on the protection for work product . . . .”  (Civil Proc. Code, § 2033.280, subd. (a).)

Pursuant to section 2033.280(c), “[i]t is mandatory that the court impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated” the motion. 

Defendant Indecon Builders, Inc. shall give notice of this ruling.