Judge: Nathan Vu, Case: 2021-01191728, Date: 2022-10-10 Tentative Ruling

Please Note: The hearing on this matter has been changed to 8:30 A.M.

Motions to Compel

Plaintiff Mert I.’s motions to compel responses to the supplemental interrogatories (set one) and the supplemental requests for the production of documents (set one) are GRANTED.

Defendant Lisa Lau Irwin is ORDERED to provide verified responses, without objections, to Plaintiff’s supplemental interrogatories (set one) within 15 days of service of the notice of ruling.

Defendant Lisa Lau Irwin is ORDERED provide verified responses, without objections, to Plaintiff’s supplemental requests for the production of documents (set one) and shall produce all responsive documents within 15 days of service of the notice of ruling.

Defendant Lisa Lau Irwin is ORDERED to pay sanctions to Plaintiff Mert I. in the amount of $1,170 within 15 days of service of the notice of ruling.

Plaintiff Mert I. moves to compel Defendant Lisa Lau Irwin to serve responses to the supplemental interrogatories (set one) and the supplemental requests for the production of documents (set one).

Plaintiff asserts that he served the supplemental interrogatories (set one) and the supplemental requests for the production of documents (set one) on Defendant on 6/24/2022 by electronic mail. Defendant failed to respond to the discovery requests or produce documents. Defendant has also failed to oppose this motion.

Due to the Defendant’s failure to serve responses to supplemental interrogatories (set one), Plaintiff 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).)

Due to Defendant’s failure to serve responses to supplemental requests for the production of documents (set one), Defendant has “waive[d] any objection to the demand, including one based on privilege or on the protection for work product . . . .” (Civil Proc. Code, § 2031.300, subd. (a).)

The Civil Procedure Code requires the court to impose monetary sanctions against a party, person, or attorney who unsuccessfully makes or opposes a motion to compel “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) & 2031.300, subd. (c).)

Here, Defendant has not put forward any substantial justification or other circumstances that would make the imposition of a sanction unjust, and has not opposed the motions to compel at all. The court must award sanctions, which shall be in the total amount of $1,170, calculated as 3 hours of counsel’s time at $350 per hour plus 2 $60 filing fees.

Plaintiff shall give notice of this ruling.