Judge: Stephen P. Pfahler, Case: 21CHCV00911, Date: 2023-01-20 Tentative Ruling
Case Number: 21CHCV00911 Hearing Date: January 20, 2023 Dept: F49
Dept. F-49
Date:
1-20-23
Case
#21CHCV00911
Trial
Date: 4-10-23
FORM INTERROGATORIES
MOVING
PARTY: Plaintiff, Adel Villalobos
RESPONDING
PARTY: Unopposed/Defendant, Oscar Navarro
RELIEF
REQUESTED
Motion
to Compel Responses to Form Interrogatories – Construction Litigation
SUMMARY
OF ACTION
On
December 9, 2019, Plaintiff Adel Villalobos entered into a contract with
Defendants Oscar Navarro and/or All Construction Services for certain residential
construction improvement work. Plaintiff alleges the completed work is
defective, below specified standards, and violates building codes.
On
December 1, 2021, Plaintiff filed a complaint for Breach of Contract, and Negligence.
Oscar Navarro, in pro per, answered the complaint on December 30, 2021.
RULING: Granted.
Plaintiff Adel Villalobos moves to compel responses to Form
Interrogatories (set one) served on defendant Oscar Navarro.
Defendant represents service of Plaintiff on February 18,
2022. [Declaration of Joseph Ferrentino, ¶ 3, Ex. 1.] According to Defendant,
at the time of the filing of the motion, no responses were received. [Id., ¶ 9.]
The motion is unopposed. The motion was served on an office
purportedly represented as counsel, but no substitution of counsel appears on
file with the court. The court electronic filing system shows no reply at the
time of the tentative ruling publication cutoff.
The court accepts that Defendant received notice of the
motion through the person identified by as counsel. The unopposed motion is
granted. Defendant Oscar Navarro is ordered to serve verified responses to Form
Interrogatories (set one), without objections, within ten days. (Code Civ. Proc.,
§ 2030.290, subd. (a-b).)
Sanctions in the amount of $250 against Defendant Oscar
Navarro only. (Code Civ. Proc., § 2030.290, subd. (c).) Payable within 30 days.
Motion to compel set for January 23, 2023.
Plaintiff to provide notice.