Judge: Stephen P. Pfahler, Case: 20CHCV00519, Date: 2022-08-10 Tentative Ruling

Case Number: 20CHCV00519    Hearing Date: August 10, 2022    Dept: F49

Dept. F-49

Date: 8-10-22

Case # 20CHCV00519

Trial Date: 1-9-23

COMPEL

MOVING PARTY: Defendants Farmers Insurance Exchange, Truck Insurance Exchange, Fire Insurance Exchange, Mid-Century Insurance Company, and Farmers New World Life Insurance Company

RESPONDING PARTY: Unopposed/Plaintiff, Vincent Kody Pappadato

RELIEF REQUESTED:

Motions to Compel Plaintiff to Provide Further Responses to Form Interrogatories – General, Set One

Motions for $1,855 in Sanctions

SUMMARY OF ACTION

In the operative Second Amended Complaint, Plaintiff Vincent Kody Pappadato alleges claims of fraud, negligent misrepresentation, and breach of contract against defendants Farmers Insurance Exchange, Truck Insurance Exchange, Fire Insurance Exchange, Mid-Century Insurance Company, Farmers New World Life, Foremost, Bristol West, Farmers Group, Inc. d/b/a Farmers Underwriters Association, and Lou DeAngelis.

RECOMMENDED RULING: Granted.

Defendants Farmers Insurance Exchange, Truck Insurance Exchange, Fire Insurance Exchange, Mid-Century Insurance Company, and Farmers New World Life move to compel further responses to Form Interrogatories – General, Set One, numbers 2.6, 8.4, 8.7, 8.8, 9.1, 50.1, and 50.6. The responses were served following the April 6, 2022 unopposed motion to compel responses and imposition of sanctions. Responses were served on April 18, 2022. [Declaration of Gabriel Padilla, Ex. E.] The motion was timely filed exactly 45 days from the date of the responses.

The court electronic filing system shows no opposition or reply at the time of the tentative ruling publication cutoff.

Defendants move to compel further responses, due to the provision of incomplete responses to the outstanding items and inappropriate responses challenging the actual language of the judicial council drafted items. Plaintiff waived all objections when the court granted the prior motion to compel, and cannot now use vague responses to evade presenting information in support of the claims. The unopposed motion is granted. Plaintiff is ordered to serve complete, verified responses to form interrogatories - general (set one) without objections within ten days in compliance with statutory requirements. (Code Civ. Proc., §§ 2030.220, 2030.300, subd. (a).)

Defendants seek sanctions in the amount of $1,855. While the motion is unopposed, the court again notes that the subject responses were the result of the prior order of the court, and Plaintiff failed to even provide the most basic of responses to the Judicial Council drafted interrogatories. The court therefore finds justification for progressively increasing sanctions given Plaintiff’s prosecution of the case, yet minimal effort to provide information in support and a disregard for the rights of Defendants to conduct discovery. The court therefore imposes sanctions in the amount of $1,000 against Plaintiff and his attorney of record, jointly and severally, payable within 30 days. (Code Civ. Proc., §§ 2030.300, subd. (d).)

Continued presentation of insufficient responses may lead to a motion for issue and/or evidence sanctions. (Code Civ. Proc., § 2030.300, subd. (e).)

A motion to compel compliance with the April 6, 2022 discovery order set for September 6, 2022.

Defendants to give notice.