Judge Walter P. Schwarm, Case 30-2019-01104324 2022-08-02 Tentative Ruling

Judge: Walter P. Schwarm, Case: 30-2019-01104324, Date: 2022-08-02 Tentative Ruling

Motion No. 1:

Defendant’s (Palm Mesa Ltd.) unopposed Motion to Compel Plaintiff Constance Ash’s Responses to Form Interrogatories (Set One) (Motion), filed on 3-7-22 under ROA No. 102, is GRANTED.

Code of Civil Procedure section 2030.290 states in part, “If a party to whom interrogatories are directed fails to serve a timely response, the following rules apply: . . . [¶] (b) The party propounding the interrogatories may move for an order compelling response to the interrogatories.”

On 12-10-21, Defendant served Plaintiff (Constance Ash) with “Form Interrogatories—General, Set No. One,” directed to Plaintiff Constance Ash, (Taitelman Decl., ¶ 3, and Exhibit A.) Defendant has not received responses to this discovery request. (Taitelman Decl., ¶ 12).

Based on the above, the court GRANTS Defendant’s (Palm Mesa Ltd.) unopposed Motion to Compel Plaintiff Constance Ash’s Responses to Form Interrogatories (Set One) filed on 3-7-22 under ROA No. 102. The court ORDERS Plaintiff to provide verified responses, without objection, to Defendant’s “Form Interrogatories—General, Set No. One,” (Taitelman Decl., ¶ 3, and Exhibit A; Code Civ. Proc., § 2030.250, subd. (a)) within 30 days of the date of service of the notice of the court’s decision.

Defendant is to give notice.

Motion No. 2:

Defendant’s (Palm Mesa Ltd.) unopposed Motion to Compel Plaintiff Constance Ash’s Responses to Special Interrogatories (Set One) (Motion), filed on 3-7-22 under ROA No. 102, is GRANTED.

On 12-10-21, Defendant served Plaintiff (Constance Ash) with “Defendant Palm Mesa Ltd.’s Special Interrogatories to Plaintiff Constance Petersen Ash, Set One.” (Taitelman Decl., ¶ 3, and Exhibit C.) Defendant has not received responses to this discovery request. (Taitelman Decl., ¶ 12).

Based on the above, the court GRANTS Defendant’s (Palm Mesa Ltd.) unopposed Motion to Compel Plaintiff Constance Ash’s Responses to Special Interrogatories (Set One) filed on 3-7-22 under ROA No. 102. The court ORDERS Plaintiff to provide verified responses, without objection, to “Defendant Palm Mesa Ltd.’s Special Interrogatories to Plaintiff Constance Petersen Ash, Set One.” (Taitelman Decl., ¶ 3, and Exhibit C; Code Civ. Proc., § 2030.250, subd. (a)) within 30 days of the date of service of the notice of the court’s decision.

Defendant is to give notice.

Motion No. 3:

Defendant’s (Palm Mesa Ltd.) unopposed Motion to Compel Plaintiff Constance Ash’s Responses to Requests for Production of Documents (Set One) (Motion), filed on 3-7-22 under ROA No. 102, is GRANTED.

Code of Civil Procedure section 2031.300 provides in part, “If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it, the following rules shall apply: . . . [¶] (b) The party making the demand may move for an order compelling response to the demand.”

On 12-10-21, Defendant served Plaintiff (Constance Ash) with “Defendant Palm Mesa Ltd.’s Requests for Production of Documents to Plaintiff Constance Petersen Ash, Set One.” (Taitelman Decl., ¶ 3, and Exhibit B.) Defendant has not received responses to this discovery request. (Taitelman Decl., ¶ 12).

Based on the above, the court GRANTS Defendant’s (Palm Mesa Ltd.) unopposed Motion to Compel Plaintiff Constance Ash’s Responses to Requests for Production of Documents (Set One) filed on 3-7-22 under ROA No. 102. The court ORDERS Plaintiff to provide verified responses, without objection, to “Defendant Palm Mesa Ltd.’s Requests for Production of Documents to Plaintiff Constance Petersen Ash, Set One.” (Taitelman Decl., ¶ 3, and Exhibit B.; Code Civ. Proc., § 2031.250, subd. (a)) within 30 days of the date of service of the notice of the court’s decision.

Since the Defendant filed three motions under a single filing, the court awards a monetary sanction against Plaintiff—Constance Ash in the amount of $755.00. (Code Civ. Proc., 2030.290, subd. (c), and 2031.300, subd. (c); Taitelman Decl., ¶¶ 13-16.)

Defendant is to give notice.

Motion No. 4:

Defendant’s (Palm Mesa Ltd.) unopposed Motion to Compel Plaintiff Paul Ash’s Responses to Form Interrogatories (Set One) (Motion), filed on 3-7-22 under ROA No. 103, is GRANTED.

On 12-10-21, Defendant served Plaintiff (Paul Ash) with “Form Interrogatories—General, Set No. One,” directed to Plaintiff Constance Ash, (Taitelman Decl., ¶ 3, and Exhibit A.) Defendant has not received responses to this discovery request. (Taitelman Decl., ¶ 12).

Based on the above, the court GRANTS Defendant’s (Palm Mesa Ltd.) unopposed Motion to Compel Plaintiff Paul Ash’s Responses to Form Interrogatories (Set One) filed on 3-7-22 under ROA No. 103. The court ORDERS Plaintiff to provide verified responses, without objection, to Defendant’s “Form Interrogatories—General, Set No. One,” (Taitelman Decl., ¶ 3, and Exhibit A; Code Civ. Proc., § 2030.250, subd. (a)) within 30 days of the date of service of the notice of the court’s decision.

Defendant is to give notice.

Motion No. 5:

Defendant’s (Palm Mesa Ltd.) unopposed Motion to Compel Plaintiff Paul Ash’s Responses to Special Interrogatories (Set One) (Motion), filed on 3-7-22 under ROA No. 103, is GRANTED.

On 12-10-21, Defendant served Plaintiff (Paul Ash) with “Defendant Palm Mesa Ltd.’s Special Interrogatories to Plaintiff Paul Ash, Set One.” (Taitelman Decl., ¶ 3, and Exhibit C.) Defendant has not received responses to this discovery request. (Taitelman Decl., ¶ 12).

Based on the above, the court GRANTS Defendant’s (Palm Mesa Ltd.) unopposed Motion to Compel Plaintiff Paul Ash’s Responses to Special Interrogatories (Set One) filed on 3-7-22 under ROA No. 103. The court ORDERS Plaintiff to provide verified responses, without objection, to “Defendant Palm Mesa Ltd.’s Special Interrogatories to Plaintiff Paul Ash, Set One.” (Taitelman Decl., ¶ 3, and Exhibit C; Code Civ. Proc., § 2030.250, subd. (a)) within 30 days of the date of service of the notice of the court’s decision.

Defendant is to give notice.

Motion No. 6:

Defendant’s (Palm Mesa Ltd.) unopposed Motion to Compel Plaintiff Paul Ash’s Responses to Requests for Production of Documents (Set One) (Motion), filed on 3-7-22 under ROA No. 103, is GRANTED.

On 12-10-21, Defendant served Plaintiff (Paul Ash) with “Defendant Palm Mesa Ltd.’s Requests for Production of Documents to Plaintiff Paul Ash, Set One.” (Taitelman Decl., ¶ 3, and Exhibit B.) Defendant has not received responses to this discovery request. (Taitelman Decl., ¶ 12).

Based on the above, the court GRANTS Defendant’s (Palm Mesa Ltd.) unopposed Motion to Compel Plaintiff Paul Ash’s Responses to Requests for Production of Documents (Set One) (Motion), filed on 3-7-22 under ROA No. 103. The court ORDERS Plaintiff to provide verified responses, without objection, to “Defendant Palm Mesa Ltd.’s Requests for Production of Documents to Plaintiff Paul Ash, Set One.” (Taitelman Decl., ¶ 3, and Exhibit B.; Code Civ. Proc., § 2031.250, subd. (a)) within 30 days of the date of service of the notice of the court’s decision.

Since the Defendant filed three motions under a single filing, the court awards a monetary sanction against Plaintiff—Paul Ash in the amount of $755.00. (Code Civ. Proc., 2030.290, subd. (c), and 2031.300, subd. (c); Taitelman Decl., ¶¶ 13-16.)

Defendant is to give notice.