Motion to Compel Response to Form Interrogatories filed by Defendant Kasra Shafii

TENTATIVE

Defendant’s motion to compel Plaintiff to provide verified responses to Form Interrogatories is GRANTED.

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.)

Sanctions

Sanctions are mandatory in connection with a motion to compel responses to interrogatories 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).) 

Under CCP section 2023.030(a), “[t]he court may impose a monetary sanction ordering that one engaging in the misuse of the discovery process, or any attorney advising that conduct, or both pay the reasonable expenses, including attorney’s fees, incurred by anyone as a result of that conduct. . . . If a monetary sanction is authorized by any provision of this title, the court shall impose that sanction unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.”  Failing to respond or to submit to an authorized method of discovery is a misuse of the discovery process.  (Code Civ. Proc. § 2023.010.) 

Discussion

Discussion

On January 27, 2021, Defendant served Form Interrogatories on Plaintiff Zuleyma Ibarra. (Marder Decl., Exh. A.) The interrogatories consisted of Numbers 1.1 and 17.1. On March 10, 2022, plaintiff’s responses were served. The only item answered was Number 1.1 (Id., Exh. B.) Plaintiff was given until March 30, 2022 to serve responses. (Id., Exh. C.) To date, defense counsel has not received plaintiff’s answers to Form Interrogatory 17.1.

As Defendant has properly served the discovery requests, and Plaintiff has not provided a response to Form Interrogatory 17.1, the motion to compel Plaintiff’s responses is granted. The Court finds Defendant is entitled to a court order directing Plaintiff to serve verified responses without objections to the discovery requests.

Sanctions were not requested and therefore it would be unjust to impose sanctions.

Conclusion

Accordingly, Defendants’ motion to compel Plaintiff to provide verified responses to Form Interrogatories is GRANTED. Plaintiff Zuleyma Ibarra is ordered to provide verified responses to the discovery at issue within 30 days of this order.

Moving party is ordered to give notice.