Judge: Stephen P. Pfahler, Case: 22STCV39766, Date: 2025-01-22 Tentative Ruling

Case Number: 22STCV39766    Hearing Date: January 22, 2025    Dept: 68

Dept. 68

Date: 1-22-25

Case #: 22STCV39766

Trial Date: 5-5-25

FORM INTERROGATORIES

MOVING PARTY: Plaintiff, Angelica Montano

RESPONDING PARTY: Unopposed/Defendant, El Zarape Cocina On Melrose Inc.

RELIEF REQUESTED

Motion to Compel Responses to Form Interrogatories – General (set one)

Motion to Compel Responses to Form Interrogatories – Employment Law (set one)

SUMMARY OF ACTION

On December 21, 2022, plaintiff Angelica Montano filed a wage and hour complaint against El Zarape Melrose Corp., El Zarape Fountain Inc., El Zarape Vine Inc., El Zarape Redondo Beach, El Zarape Cocina On Melrose Inc., and El Zarape Beverly Kitchen Inc. On October 4, 2023, Joaquin Mendez, “Representative of Defendant El Zarape Cocina on Melrose Corp.” “in pro per” filed a “verified answer.”

Counsel substituted in on behalf of El Zarape Cocina on Melrose Inc. on October 11, 2023. On December 19, 2023, the court denied the motion to strike the answer of El Zarape Cocina on Melrose Inc.

RULING: Granted.

Plaintiff Angelica Montano moves to compel responses to Form Interrogatories – General (set one) and Form Interrogatories – Employment (set one)  served on Defendant, El Zarape Cocina On Melrose Inc. The court consolidates the two motions into a single order.

Plaintiff served both sets of Form Interrogatories on April 5, 2024. [Declaration of Tiffany Ariavand ¶¶ 3, 6, Ex. A.] At the time of the filing of the motions, no responses were received. [Ibid.]

The court electronic filing system shows no opposition or reply on file at the time of the tentative ruling publication cutoff. The unopposed motions are granted. Defendant El Zarape Cocina On Melrose Inc.is ordered to serve verified responses to form interrogatories General (set one) and Employment (set one), without objections within ten days. (Code Civ. Proc., § 2030.290, subd. (a-b).) 

Total sanctions in the amount of $500 ($250 x 2 motions). (Code Civ. Proc., § 2030.290(c) 2031.300, subd. (c), Sanctions imposed joint and severally against both counsel and El Zarape Cocina On Melrose Inc. and payable within 30 days of this order.

Second set of motions to compel discovery on January 29, 2025.

Plaintiff to give notice.