Judge: Stephen P. Pfahler, Case: 21CHCV00927, Date: 2023-03-28 Tentative Ruling
Case Number: 21CHCV00927 Hearing Date: March 28, 2023 Dept: F49
Dept. F-49
Date:
2-28-23
Case
#21CHCV00927
Trial
Date: 6-26-23
FORM INTERROGATORIES & DOCUMENTS
MOVING
PARTY: Defendant, Travelers Commercial Insurance Company
RESPONDING
PARTY: Unopposed/Plaintiff, Carol Carroll
RELIEF
REQUESTED
Motion
to Compel Responses to Form Interrogatories (set one & two) and Request for
Production of Documents (set one)
SUMMARY
OF ACTION
On
December 7, 2021, Plaintiff Carol Carroll filed a complaint for Breach of
Contract. Plaintiff alleges payment on an insurance contract, and the refusal
of defendant Travelers Commercial Insurance Company to perform promised
construction services.
RULING: Granted.
Defendant, Travelers Commercial Insurance Company moves to
compel responses to Form Interrogatories (sets one and two), and Request for
Production of Documents (set one) served on Plaintiff Carol Carroll.
Defendant represents service of Plaintiff on August 29,
2022. [Declaration of Kathleen DeLaney, ¶ 2, Ex. A.] According to Defendant, at
the time of the filing of the motion, no responses were received. [Id., ¶ 6.]
The motion is unopposed. Plaintiff in reply reiterates the
basis of the unopposed motion.
The unopposed motion is granted. Plaintiff Carol Carroll is
ordered to serve verified responses to Form Interrogatories (sets one and two),
and Request for Production of Documents (set one), without objections, within
ten days. (Code Civ. Proc., § 2030.290, subd. (a-b), 2031.300, subd. (a-b).)
Sanctions in the amount of $750 ($250 per discovery item) against
plaintiff Carol Carroll and counsel of record. (Code Civ. Proc., § 2030.290,
subd. (c), 2031.300, subd. (c).) Payable within 30 days.
Trial remains set for June 26, 2023.
Defendant to provide notice.