Judge: Stephen P. Pfahler, Case: 22CHCV00146, Date: 2023-04-28 Tentative Ruling

Case Number: 22CHCV00146    Hearing Date: April 28, 2023    Dept: F49

Dept. F-49

Date: 4-28-23

Case #22CHCV00146

Trial Date: 8-28-23 c/f 5-1-23

FORM INTERROGATORIES & DOCUMENTS

MOVING PARTY: Defendant, LGR Properties, LLC

RESPONDING PARTY: Unopposed/Plaintiff, Michelle Terrell

RELIEF REQUESTED

Motions to Compel Responses to Form Interrogatories (set one) and Request for Production of Documents (set one)

SUMMARY OF ACTION

Plaintiff Michelle Terrell alleges a home purchased on September 30, 2021, from Defendants contained numerous construction defects. On March 3, and March 16, 2022, Plaintiff, in pro per, filed a complaint and first amended complaint for Violation of Building Standards, Breach of Implied Warranty, Breach of Contract, and Breach of Express Warranty. Defendant LGR Properties, LLC and Ronald Kelly answered the first amended complaint on July 28, 2022.

RULING: Granted.

Defendant LGR Properties, LLC moves to compel responses to Form Interrogatories (sets one), and Request for Production of Documents (set one) served on Plaintiff Michelle Terrell.

Defendant represents service of Plaintiff on December 23, 2022. [Declarations of Gabriel Gevorkian, ¶ 4, Ex. A.] According to Defendant, at the time of the filing of the motion, no responses were received. [Id., ¶ 7.]

The court electronic filing system shows no opposition or reply at the time of the tentative ruling publication cutoff.

The unopposed motions are granted. Plaintiff Michelle Terrell is ordered to serve verified responses to Form Interrogatories (sets one), 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 $500 ($250 per discovery item) against plaintiff Michelle Terrell. (Code Civ. Proc., § 2030.290, subd. (c), 2031.300, subd. (c).) Payable within 30 days.

Motion to compel responses to special interrogatories on calendar for May 4, 2023. Trial remains set for August 28, 2023.

Defendant to provide notice.