Judge: Stephen P. Pfahler, Case: 21CHCV00831, Date: 2023-02-03 Tentative Ruling

Case Number: 21CHCV00831    Hearing Date: February 3, 2023    Dept: F49

Dept. F-49

Date: 2-3-23

Case #21CHCV00831

Trial Date: Not Set

FORM INTERROGATORIES

MOVING PARTY: Plaintiff, Mother Theresa’s Home Health Care Services

RESPONDING PARTY: Unopposed/Defendants, Francia Saligumba and Ultimate Home Health Care Services, Inc.

RELIEF REQUESTED

Motion to Compel Responses to Form Interrogatories

SUMMARY OF ACTION

On May 26, 2021, plaintiff Mother Theresa’s Home Health Care Services entered into a contract with defendants Francia Saligumba and Ultimate Home Health Care Services, Inc. for certain services associated with business operations. Plaintiff paid $28,000, but alleges limited to no services were performed.

On October 25, 2021, Plaintiff filed a complaint for Breach of Contract, Breach of the Covenant of Good Faith and Fair Dealing, Unjust Enrichment, and Unfair Business Practices. Ultimate Home Health Care Services, Inc. and Francia Saligumba answered the complaint on December 17, 2021. On December 22, 2021, Saligumba filed a cross-complaint against Mother Theresa’s Home Health Care Services and Kristina Kasabyan for Unfair Business Practices, Defamation, and Intentional Infliction of Emotional Distress.

RULING: Granted as to Francia Saligumba only.

Plaintiff Mother Theresa’s Home Health Care Services moves to compel responses to Form Interrogatories (set one) against defendants Francia Saligumba and Ultimate Home Health Care Services, Inc.

Defendant represents service of Plaintiff on February 18, 2022. [Declaration of Monika Zadori, ¶ 4, Ex. 1.] According to Defendant, at the time of the filing of the motion, no responses were received. [Id., ¶ 6.] The attached documents to the Zadori declaration only shows service of Form Interrogatories on Francia Saligumba along with a number of other discovery items not addressed in the motion.

The motion is unopposed. The court electronic filing system shows no reply at the time of the tentative ruling publication cutoff.

The motion to compel responses to form interrogatories is granted to Francia Saligumba only. Defendant Francia Saligumba is ordered to serve verified responses to Form Interrogatories (set one), without objections, within ten days. (Code Civ. Proc., § 2030.290, subd. (a-b).) The court will not consider any of the other items attached to the Zadori declaration or Ultimate Home Health Care Services, Inc.

Sanctions in the amount of $250 against defendant Francia Saligumba and counsel of record joint and severally. (Code Civ. Proc., § 2030.290, subd. (c).) Payable within 30 days.

Motion to Compel Deposition on calendar for February 16, 2023.

Plaintiff to provide notice.