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.