Judge: Serena R. Murillo, Case: 20STCV39647, Date: 2023-01-12 Tentative Ruling

Case Number: 20STCV39647    Hearing Date: January 12, 2023    Dept: 29

TENTATIVE

Defendant Julia McDonough’s motions to compel responses to form interrogatories, special interrogatories, and request for production of documents are GRANTED. Plaintiff Ana Zuniga is ordered to provide verified responses to the request for discovery without objections within 30 days of this order. Defendant’s request for sanctions is GRANTED. The Court imposes sanctions against Plaintiff Ana Zuniga in the amount of $530 to be paid within 30 days of this order.

Legal Standard

Compel Interrogatories

If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetary sanction.  (Code Civ. Proc., § 2030.290, subd. (b).) The statute contains no time limit for a motion to compel where no responses have been served. All that need be shown in the moving papers is that a set of interrogatories was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served.  (Leach v. Superior Court (1980) 111 Cal.App.3d 902, 905–906.)

Compel RPDs 

Where there has been no timely response to a demand for the production of documents, the demanding party may seek an order compelling a response.  (Code Civ. Proc. § 2031.300(b).)  Failure to timely respond waives all objections, including privilege and work product.  (Code Civ. Proc. § 2031.300(a).)  Thus, unless the party to whom the demand was directed obtains relief from waiver, he or she cannot raise objections to the documents demanded.  There is no deadline for a motion to compel responses.  Likewise, for failure to respond, the moving party need not attempt to resolve the matter outside court before filing the motion. 

Sanctions

Sanctions are mandatory in connection with motions to compel responses to interrogatories and requests for production of documents against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel unless the court “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), 2031.300(c).)  

Discussion

On February 1, 2022, Defendant served Form Interrogatories, Special Interrogatories, Set One, and Requests for Production of Documents, Set One, on Plaintiff. (Chidi Decl., Exh. A.) On April 19, 2022, Defendant inquired about Plaintiff’s responses, and granted a 10-day extension from that date for Plaintiff to provide responses. (Id., Exh. B; ¶ 5.) As of the filing of the motion, no responses have been received. (Id., ¶ 9.)

As Defendant has properly served the discovery requests, and Plaintiff has not provided any response, the motions to compel Plaintiff’s responses are granted. The Court finds Defendant is entitled to a court order directing Plaintiff to serve verified responses without objections to the discovery requests.

As the motions are granted, Defendant’s requests for sanctions are also granted, but in a reduced amount due to the simplicity of the motions and the concurrent nature of the facts. Thus, the Court imposes sanctions against Plaintiff in the amount of $530 ($175 per hour x 2 hours, plus $180 in filing fees), to be paid within 30 days of this order.

Conclusion

Accordingly, Defendant’s motions to compel responses to form interrogatories, special interrogatories, and request for production of documents are GRANTED. Plaintiff Ana Zuniga is ordered to provide verified responses to the request for discovery without objections within 30 days of this order. Defendant’s request for sanctions is GRANTED. The Court imposes sanctions against Plaintiff Ana Zuniga in the amount of $530 to be paid within 30 days from the date of this order.

Moving party is ordered to give notice.