Judge: Robert B. Broadbelt, Case: 22STCV37029, Date: 2024-05-20 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.

Case Number: 22STCV37029    Hearing Date: May 21, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Plaintiff Orlando Garcia        

RESPONDING PARTIES:    Unopposed

Motion to Compel Answers to Form Interrogatories

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

DISCUSSION

Plaintiff Orlando Garcia (“Plaintiff”) moves the court for an order (1) compelling defendants Burton Steiger and Adrianne Steiger (“Defendants”) to serve full and complete answers, without objections, to Plaintiff’s Form Interrogatories, Set One, and (2) awarding monetary sanctions in favor of Plaintiff and against Defendants in the amount of $1,660.

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 Defendants, separately, with Plaintiff’s Form Interrogatories, Set One, by mail on May 2, 2023.  (Ramos Decl., Exs. A [Form Interrogatories], B [Proof of Service of Form Interrogatories – General – Set One “(Propounded on Defendants Burton Steiger Adrianne Steiger)”].)  Defendants did not serve timely responses and had not served responses to this discovery as of the date that Plaintiff filed this motion.  (Mot., p. 1:22-24.)  Defendants did not file an opposition or other evidence with the court establishing that responses have since been served.

Thus, the court grants Plaintiff’s motion to compel Defendants’ answers to Plaintiff’s Form Interrogatories, Set One.  (Code Civ. Proc., § 2030.290, subd. (b).) 

The court grants Plaintiff’s request for monetary sanctions.  (Code Civ. Proc., § 2030.290, subd. (c).)  The court finds that $860 ((2 hours x $400 hourly rate) + $60 filing fee) is a reasonable amount of sanctions to impose against Defendants in connection with this motion.  (Ramos Decl., ¶ 6.)

ORDER

            The court grants plaintiff Orlando Garcia’s motion to compel answers to form interrogatories, set one.

            Pursuant to Code of Civil Procedure section 2030.290, the court orders defendants Burton Steiger and Adrianne Steiger to serve full and complete verified answers, without objections, to plaintiff Orlando Garcia’s Form Interrogatories, Set One, that comply with Code of Civil Procedure sections 2030.220-2030.250, within 20 days of the date of service of this order.

            The court orders defendants Burton Steiger and Adrianne Steiger to pay sanctions to plaintiff Orlando Garcia in the amount of $860 within 30 days of the date of service of this order.

            The court orders plaintiff Orlando Garcia to give notice of this ruling.

IT IS SO ORDERED.

DATED:  May 21, 2024

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court