Judge: Robert B. Broadbelt, Case: 21STCV38171, Date: 2023-02-15 Tentative Ruling

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Case Number: 21STCV38171    Hearing Date: February 15, 2023    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                Plaintiff Omar Martinez

RESPONDING PARTY:       Defendant Federal Express Corporation

Motion to Compel Further Responses to Form Interrogatories (Employment)

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

DISCUSSION

Plaintiff Omar Martinez (“Plaintiff”) moves the court for an order (1) compelling defendant Federal Express Corporation (“Defendant”) to provide further responses to Plaintiff’s Form Interrogatories (Employment), Set One, numbers 200.1, subdivision (b), 200.3, subdivision (b), 201.1, subdivisions (b) and (c), 201.3, subdivisions (b) and (c), 201.5, 201.6, 207.1, subdivisions (d) and (e), 207.2, 209.2, 215.1, and 215.2, and (2) awarding sanctions in favor of Plaintiff and against Defendant in the amount of $3,210.

The court grants Plaintiff’s motion to compel Defendant’s further responses to Form Interrogatories (Employment), numbers 200.1, subdivision (b), 200.3, subdivision (b), 201.5, 201.6, and 209.2 because Defendant’s answers to those interrogatories are evasive and incomplete.  (Code Civ. Proc., § 2030.300, subd. (a)(1).)

The court grants Plaintiff’s motion to compel Defendant’s further responses to Form Interrogatories (Employment), numbers 201.1, subdivisions (b) and (c), 207.1, subdivisions (d) and (e), 207.2, 215.1, and 215.2 because (1) Defendant’s answers to those interrogatories are evasive and incomplete, and (2) Defendant’s exercise of the option to produce documents under Section 2030.230 is unwarranted, and the required specification of those documents is inadequate.  (Code Civ. Proc., § 2030.300, subds. (a)(1), (a)(2).)

The court denies Plaintiff’s motion to compel Defendant’s further response to Form Interrogatories (Employment) number 201.3, subdivisions (b) and (c), because Plaintiff did not include this interrogatory in the separate statement, as required by California Rules of Court, rule 3.1345.  (Mills v. U.S. Bank (2008) 166 Cal.App.4th 871, 893 [trial court was within its discretion to deny a motion to compel discovery based on the failure to file a compliant separate statement]; Notice of Mot., p. ii:7.)

The court grants Plaintiff’s request for monetary sanctions against Defendant.  (Code Civ. Proc., § 2030.300, subd. (d).)  The court finds that $3,210 (9 hours x $350 hourly rate + $60 filing fee) is a reasonable amount of sanctions to impose against Defendant in connection with this motion.  (Butzen Decl., ¶ 36.)

ORDER

The court grants in part plaintiff Omar Martinez’s motion to compel further responses to form interrogatories (employment).

Pursuant to Code of Civil Procedure section 2030.300, the court orders defendant Federal Express Corporation to serve further, full and complete answers to plaintiff Omar Martinez’s Form Interrogatories (Employment), numbers 200.1, subdivision (b), 200.3, subdivision (b), 201.1, subdivisions (b) and (c), 201.5, 201.6, 207.1, subdivisions (d) and (e), 207.2, 209.2, 215.1, and 215.2, which comply with Code of Civil Procedure sections 2030.210-203.220, and 2030.250, within 20 days of the date of service of this order.¿¿ 

The court orders defendant Federal Express Corporation to pay sanctions to plaintiff Omar Martinez in the amount of $3,210 within 30 days of the date of service of this order.

The court orders plaintiff Omar Martinez to give notice of this ruling.

IT IS SO ORDERED.

DATED:  February 15, 2023

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court