Judge: Serena R. Murillo, Case: 22STCV17537, Date: 2022-12-06 Tentative Ruling

Case Number: 22STCV17537    Hearing Date: December 6, 2022    Dept: 29

TENTATIVE

Plaintiff Carlos Perea’s motion to compel Defendant to provide verified responses to Form Interrogatories is GRANTED. Defendant CGS Equity LLC is ordered to provide verified responses without objections within 30 days of this order.

Plaintiff’s request for sanctions is DENIED.

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

On July 13, 2022, Plaintiff served Defendant CGS with Form Interrogatories, Set One. (Stoker Decl., ¶ 3; Exh. A.) The deadline to respond was August 16, 2022. (Id., ¶ 4.) As of this filing, Plaintiff has not received responses or a request for extension to Plaintiff’s first set of Form Interrogatories. (Id., ¶ 5.)

As Plaintiff properly served discovery requests and Defendant failed to serve responses, the Court finds Plaintiff is entitled to a court order directing Defendant to provide verified responses without objections to the discovery requests served on Defendant.  Therefore, the motion is granted.

As to sanctions, CCP section 2023.040, provides: “A request for a sanction shall, in the notice of motion, identify every person, party, and attorney against whom the sanction is sought, and specify the type of sanction sought.” Plaintiff’s notice of motion does not identify any person or party the sanctions are sought against, and it does not specify the type of sanction sought. Thus, the requests for sanctions are DENIED.

Conclusion

Accordingly, Plaintiff’s motion to compel Defendant to provide verified responses to Form Interrogatories is GRANTED. Defendant CGS Equity LLC is ordered to provide verified responses without objections within 30 days of this order.

Plaintiff’s request for sanctions is DENIED.

Moving party is ordered to give notice.