Judge: Stephen I. Goorvitch, Case: 21STCV10852, Date: 2023-02-28 Tentative Ruling

Case Number: 21STCV10852    Hearing Date: February 28, 2023    Dept: 39

County Sanitation District v. Commercial Waste Services, Inc.

Case No. 21STCV10852

Motions to Compel

            Plaintiff moves to compel responses from Defendant to: Form Interrogatories, set one (“FROG”); and Requests for Production, set one (“RPD”).  Plaintiff served the FROG and RPD on August 1, 2022, by mail and email.  Defendant’s responses were thus due by September 6, 2022.  Plaintiff granted extensions of time to respond to September 26, 2022.  To date, Defendant has not served responses.  Defendant filed no opposition to the motions, and there is nothing in the record suggesting that Defendant has complied with its discovery obligations.  Accordingly, the motions to compel responses to the RPD and FROG are granted per Code of Civil Procedure sections 2030.290 and 2031.300.

Plaintiff seeks sanctions against Defendant, but not Defendant’s counsel, in the total amount of $1,200.  The Court finds that Defendant has abused the discovery process and that sanctions are warranted.  The Court finds that the requested amount is fair and reasonable under the circumstances.  Therefore, the request for sanctions is granted.

Based upon the foregoing, the Court orders as follows:

1.           Plaintiff’s motions to compel responses to the FROG and RPD are granted.  Defendant shall serve verified responses, without objections, within 30 days of notice of this order. 

2.         Defendant shall pay sanctions in the amount of $1,200 to Plaintiff, by and through counsel, within thirty (30) days of notice of this order.

3.         Plaintiff shall provide notice and file proof of such with the Court.