Judge: Nick A. Dourbetas, Case: 2020-01162714, Date: 2022-12-09 Tentative Ruling

1. Motion for Discovery

2. Motion to Compel Answers to Form Interrogatories

3. Motion to Compel Answers to Special Interrogatories

4. Motion to Compel Production

Motion 1:

Defendant’s Motion to Compel Plaintiff to Serve Verified Responses without Objections to Form Interrogatories, Set No. 1, and Imposition of Monetary Sanctions is GRANTED. (See Code Civ. Proc. § 2030.290). 

Motion 2:

Defendant’s Motion to Compel Plaintiff to Serve Verified Responses without Objections to Form Interrogatories, Set No. 1, and Imposition of Monetary Sanctions is GRANTED. (See Code Civ. Proc. § 2030.290). 

Motion 3:

Defendant’s Motion to Compel Plaintiff to serve Verified Responses without Objections and All Responsive Documents to Inspection Demand, Set No. 1, and Imposition of Monetary Sanctions is GRANTED. (See Code Civ. Proc. 2031.300). 

Defendant is ordered to serve verified, non-evasive responses to both sets of interrogatories without objections within ten days.  

Defendant is ordered to serve verified non-evasive responses to the inspection demands without objections and all responsive documents within ten days.  

The court imposes monetary sanctions against plaintiff in the sum of $485.00 per motion, for a total sanctions award of $1,455.00. All sanctions payable to defendant’s counsel within thirty days. 

Motion 4:

The Hearing on Defendant’s Motion to Compel Statement of Damages is GRANTED. (See Code Civ. Proc. § 425.11.)

Plaintiff is ordered to serve a verified statement of damages per Calif. Code of Civil Procedure, section 425.11 within ten days.

Defendant’s Request for sanctions is denied. As Calif. Code of Civil Procedure, section 425.11 is not part of the Discovery Act, sanctions are not available under the Act. Section 425.11 does not authorize an award of sanctions. (See Calif. Practice Guide, Civil Proc. Before Trial, 8:1764 (TRG 20220.)

Defendant is ordered to give notice of all the above.