Judge: Richard Y. Lee, Case: 30-2022-01267686, Date: 2023-08-17 Tentative Ruling

Defendant Oscar Daniel Benitez Gonzalez (“Defendant”) moves for an order compelling Plaintiff Lucina Perez Serrato (“Serrato”) to serve responses to Defendant’s first set of Special Interrogatories and Form Interrogatories and imposing monetary sanctions.

Code of Civil Procedure sections 2030.290 states that if a party to whom interrogatories are served fails to serve a timely response, the party waives any and all objections and the propounding party may move for an order compelling responses to the interrogatory or demand.  (Code Civ. Proc., §§ 2030.290(a)-(b).)  Section 2030.290 also states “the court shall impose a monetary sanction . . . against any party, person or attorney who unsuccessfully makes or opposes a motion . . . 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(c).)

Defendant served the written discovery on Serrato on December 6, 2022. (Boucher Decl., ¶¶ 3-4.) Serrato failed to serve any responses.  (Id., ¶ 5.) 

In light of the above, Defendant’s unopposed Motion is GRANTED.  Serrato is ORDERED to serve verified responses, without objections, within 10 days.

The Court finds no substantial justification for Serrato’s failure to serve responses.  Thus, the Court GRANTS Defendant monetary sanctions against Serrato in the amount of $615.00.

Plaintiff to give notice.