Judge: Stephen I. Goorvitch, Case: 21STCV46583, Date: 2023-04-12 Tentative Ruling

Case Number: 21STCV46583    Hearing Date: April 12, 2023    Dept: 39

Mandana Nazar v. Shawn Yadidi

Case No. 21STCV46583

Motion to Compel Further Responses

Plaintiff Mandana Nazar (“Plaintiff”) moves to compel further responses from Defendant Promed Medical Supplies (“Defendant”) to Requests for Production of Documents, set two (“RPDs”), and Special Interrogatories, set two (“SROGs”).  If the propounding party deems responses to interrogatories, requests for production of documents, or requests for admissions unsatisfactory, the propounding party may move to compel further responses.  (Code Civ. Proc., §§ 2030.300, 2031.310, 2033.290.)

Defendant’s responses to the RPD and SROG consist of boilerplate objections.  As Plaintiff timely filed this motion to compel further responses, Defendant has the burden to justify its objections.  (Fairmont Ins. Co. v. Superior Court (2000) 22 Cal.4th 245, 255.)  Defendant has not opposed this motion, and therefore cannot meet that burden.  Accordingly, the motion to compel further responses is granted.

Plaintiff seeks sanctions against Defendant, but not Defendant’s counsel, in the amount of $2,310.  The Court finds that Defendant’s failure to substantively respond to the discovery is an abuse of the discovery process, warranting sanctions.  The Court finds that the amount requested is reasonable under the circumstances. 

Based upon the foregoing, the Court orders as follows:

1.         Plaintiff’s motion to compel further responses to the RPDs and SROGs is granted. 

2.         Defendant shall serve verified responses, without objections, within thirty (30) days.

3.         The Court orders Defendant to pay sanctions to Plaintiff, by and through counsel, in the amount of $2,310 within thirty (30) days.

4.         Plaintiff’s counsel shall provide notice and file proof of such with the Court.