Judge Robert B. Broadbelt, Case 22STCV05861 2022-12-21 Tentative Ruling

Judge: Robert B. Broadbelt, Case: 22STCV05861, Date: 2022-12-21 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.

Motion for Order Compelling Responses to Form Interrogatories—Unlawful Detainer

The court considered the moving papers filed in connection with this motion. No opposition papers were filed.

Plaintiff 7 Melrose, LLC (“Plaintiff”) moves the court for an order (1) compelling defendant Jacques Fiorentino (“Defendant”) to provide responses to Plaintiff’s Form Interrogatories—Unlawful Detainer, without objections, and (2) awarding sanctions in favor of Plaintiff and against Defendant in the amount of $960.

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).)

Plaintiff served its Form Interrogatories on Defendant by overnight mail on July 21, 2022.[1] (Block Decl., ¶ 2; Block Decl., Ex. 1.) Defendant did not serve responses to this discovery. (Block Decl., ¶ 5.) Defendant has not filed opposition papers or other evidence with the court establishing that responses have been served.

The court therefore grants Plaintiff’s motion to compel Defendant’s responses to Plaintiff’s Form Interrogatories. (Code Civ. Proc., § 2030.290, subd. (b).)

The court grants Plaintiff’s request for sanctions against Defendant. (Code Civ. Proc., § 2030.290, subd. (c).) The court finds that sanctions in the amount of $960 (2 hours x $450 hourly rate + $60 filing fee) is a reasonable amount of sanctions to impose against Defendant in connection with this motion. (Block Decl., ¶ 7.)

The court grants plaintiff 7 Melrose, LLC’s motion to compel responses to plaintiff’s form interrogatories.

Pursuant to Code of Civil Procedure section 2030.290, the court orders defendant Jacques Fiorentino to serve on plaintiff 7 Melrose, LLC full and complete verified answers, without objections, to plaintiff 7 Melrose, LLC’s Form Interrogatories—General, that comply with Code of Civil Procedure sections 2030.220 and 2030.250, subdivisions (a) and (b), within 30 days of the date of service of this order.

The court grants plaintiff 7 Melrose, LLC’s request for monetary sanctions against defendant Jacques Fiorentino. The court orders defendant Jacques Fiorentino to pay monetary sanctions in the amount of $960 to plaintiff 7 Melrose, LLC within 30 days of the date of this order. (Code Civ. Proc., § 2030.290, subd. (c).)

[1] The court notes that, although Plaintiff asserts that it served “Form Interrogatories—Unlawful Detainer” on Defendant, the exhibit attached to Plaintiff’s motion establishes that Plaintiff served on Defendant “Form Interrogatories—General.” (Block Decl., Ex. 1.) The court therefore considers Plaintiff’s motion to request the court order Defendant serve responses to the Form Interrogatories—General served by Plaintiff, as attached as Exhibit 1 to the declaration of Dennis Block.

7 melrose, llc ; Plaintiff, vs. bon vivant restaurant group, llc , et al.; Defendants.	Case No.:	22STCV05861

	Hearing Date:	December 21, 2022

	Time:	10:00 a.m.

	[Tentative] Order RE: plaintiff’s motion for order compelling responses to form interrogatories—unlawful detainer