Judge: Stephen P. Pfahler, Case: 21CHCV00911, Date: 2023-01-23 Tentative Ruling

Case Number: 21CHCV00911    Hearing Date: January 23, 2023    Dept: F49

Dept. F-49

Date: 1-23-23

Case #21CHCV00911

Trial Date: 4-10-23

FORM INTERROGATORIES

MOVING PARTY: Plaintiff, Adel Villalobos

RESPONDING PARTY: Unopposed/Defendant, All Construction Services

RELIEF REQUESTED

Motion to Compel Responses to Form Interrogatories

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 Special Interrogatories (set one) served on defendant All Construction Services.

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 shows no answer or appearance by All Construction Services. 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 as counsel. The unopposed motion is granted. Defendant All Construction Services 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 All Construction Services only. (Code Civ. Proc., § 2030.290, subd. (c).) Payable within 30 days.

Trial remains set for April 10, 2023.

Plaintiff to provide notice.