Judge: Peter A. Hernandez, Case: 23STCV28273, Date: 2024-08-23 Tentative Ruling

Case Number: 23STCV28273    Hearing Date: August 23, 2024    Dept: 34

1.         Defendant’s Motion to Compel Responses to Special Interrogatories, Set One, is GRANTED.

2.         Defendant’s Motion to Compel Production of Documents, Set One, is GRANTED.

Background[1]  

Plaintiff Jose Angel Manaiza, Jr. (“Plaintiff”) alleges the following:

Defendant State Farm Automobile Insurance Company (“Defendant”) denied coverage in bad faith for the alleged theft to Plaintiff’s 1982 Capital Yacht named Lucy Anna.

On November 17, 2023, Plaintiff filed a Complaint asserting a cause of action for Insurance Bad Faith against Defendant.

The Final Status Conference is set for March 3, 2025 and Trial is set for March 17, 2025.

1.         Motion to Compel Re: Interrogatories

Legal Standard

A response to interrogatories is due 30 days after service. (Code Civ. Proc., § 2030.260, subd.

(a).) “If a party to whom interrogatories are directed fails to serve a timely response, . . . [t]he

party propounding the interrogatories may move for an order compelling response to the

interrogatories.” (Code Civ. Proc., § 2030.290, subd. (b).)

“The court shall impose a monetary sanction . . . 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 . . .” (Code Civ. Proc., § 2030.290, subd. (c).)

Discussion

Defendant moves the court for an order compelling Plaintiff to provide verified responses, without objections, to Defendant’s Special Interrogatories, Set One.

Merits

Defendant’s counsel Johanna Rodriguez (“Rodriguez”) represents as follows:

On April 26, 2024, State Farm served written discovery requesting information and documents from Plaintiff, including the facts, witnesses and documents that support the various causes of action, claims and damages against State Farm. (Declaration of Johanna Rodriguez, ¶ 9.) The written discovery served included the first set of Special Interrogatories and Request for Production to Plaintiff. A true and correct copy of State Farm’s Special Interrogatories (Set One) is attached hereto as Exhibit “A.” (Id.) The deadline for Plaintiff to serve verified responses to this written discovery was May 29, 2024. (Code Civ. Proc., §§ 2030.260, 2031.260, 1013.) (Id., ¶ 10.) Plaintiff did not serve responses by this date nor did he request any discovery extension. (Id.)

The motion is unopposed Defendant is to serve further, Code-compliant responses, without objections, within 20 days from the date of the notice of ruling.

2.         Motion to Compel Re: Requests for Production of Documents

Legal Standard

A response to a request for production of documents is due 30 days after service. (Code Civ.

Proc., § 2031.260, subd. (a).) “If a party to whom a demand for inspection, copying, testing, or

sampling is directed fails to serve a timely response to it, . . . [t]he party making the demand may

move for an order compelling response to the demand.” (Code Civ. Proc., § 2031.300, subd. (b).)

“[T]he court shall impose a monetary sanction . . . against any party, person, or attorney who

unsuccessfully makes or opposes a motion to compel a response to a demand for inspection,

copying, testing, or sampling, 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.”

(Code Civ. Proc., § 2031.300, subd. (c).)

Discussion

Defendant moves the court for an order compelling Plaintiff to provide verified responses, without objections, to Defendant’s Request for Production of Documents, Set One.

Merits

See Synopsis to Motion #1 [identical Rodriguez declaration filed with reference to production of documents]

The motion is unopposed. Plaintiff is to serve further, Code-compliant responses, without objections, within 20 days from the date of the notice of ruling.