Judge Robert B. Broadbelt, Case 19STCV00634 2023-04-27 Tentative Ruling

Judge: Robert B. Broadbelt, Case: 19STCV00634, Date: 2023-04-27 Tentative Ruling

Tentative rulings are sometimes, but not always, posted. The purpose of posting a tentative ruling is to to help focus the argument. The posting of a tentative ruling is not an invitation for the filing of additional papers shortly before the hearing.

The court considered the moving, opposition, and reply papers filed in connection with this motion.

Defendant Verax Restaurant Group, Inc. (“Defendant”) moves the court for an order (1) compelling plaintiff Michael Dekhtyar (“Plaintiff”) to provide an answer to Defendant’s Form Interrogatories, Set One, number 17.1, and (2) awarding sanctions in favor of Defendant and against Plaintiff in the amount of $2,860.

If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling response to the interrogatories. (Code Civ. Proc., § 2030.290, subd. (b).)

As a threshold matter, the court notes that, in opposition, Plaintiff contends that this motion is untimely because it was not filed within 45 days from the date on which he served answers to Defendant’s discovery. However, Defendant has not moved to compel Plaintiff’s further answer to its discovery and has instead moved to compel Plaintiff’s initial answer to Form Interrogatory number 17.1 pursuant to Code of Civil Procedure section 2030.290, which has no statutory deadline. (Notice of Mot., p. ii:4, ii:9-10; Code Civ. Proc., § 2030.290; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 411 [“The 45-day limit, however, applies only to motions to compel further responses to interrogatories under § 2030.300”].) The court therefore finds that Defendant’s motion is not untimely.

Defendant served its Form Interrogatories, Set One on Plaintiff on November 17, 2020.[1] (Golden Decl., Ex. A.) Although Plaintiff served some answers to the Form Interrogatories, Plaintiff did not answer number 17.1. (Golden Decl., Ex. B, p. 2:3 [“Response to Interrogatory No. 17.1: [blank]”].) Plaintiff has not provided any evidence in opposition establishing that he has served an answer to interrogatory number 17.1. (Pl. Ex. 1 [Pl. Response to Request for Production of Documents], Ex. 2 [various documents], Ex. 3 [the “Statement of Decision on Defendants Motion for Judgment on the Pleadings” in ARC Case No. 78M5317], Ex. 4 [VPBank document].)

The court therefore finds that Plaintiff has not served an answer to Defendant’s Form Interrogatories, Set One, number 17.1 and grants Defendant’s motion. (Code Civ. Proc., § 2030.290, subd. (b).)

The court denies Defendant’s request for monetary sanctions against Plaintiff because the court finds that the circumstances presented make the imposition of sanctions unjust. (Code Civ. Proc., § 2030.290, subd. (c).)

The court denies Plaintiff’s request for monetary sanctions against Defendant.

The court grants defendant Verax Restaurant Group, Inc.’s motion to compel answers to form interrogatories.

Pursuant to Code of Civil Procedure section 2030.290, the court orders plaintiff Michael Dekhtyar to serve on defendant Verax Restaurant Group, Inc. a full and complete verified answer, without objections, to defendant Verax Restaurant Group, Inc.’s Form Interrogatories, Set One, number 17.1, that complies with Code of Civil Procedure sections 2030.220 and 2030.250, subdivisions (a) and (b), within 15 days of the date of service of this order.¿¿¿¿¿

The court orders defendant Verax Restaurant Group, Inc. to give notice of this ruling.

[1] The court notes that Defendant’s counsel states that Defendant served Plaintiff with its Form Interrogatories on November 17, 2022. (Golden Decl., ¶ 2.) However, the Proof of Service attached to the Form Interrogatories states that this discovery was served on November 17, 2020. (Golden Decl., Ex. A, Proof of Service.)

michael dekhtyar ; Plaintiff, vs. verax restaurant group , et al.; Defendants.	Case No.:	19STCV00634

	Hearing Date:	April 27, 2023

	Time:	10:00 a.m.

	[Tentative] Order RE: defendant’s motion to compel answers to form interrogatories