Judge: Walter P. Schwarm, Case: 30-2021-01182070, Date: 2022-11-01 Tentative Ruling

Motion No. 1:

Defendants’ (Jeff Alan Groover and Katherine A. McKinney Hoehn) unopposed Motion to Compel Plaintiff’s Responses to Form Interrogatories, Set One (Motion), filed on 6-8-22 under ROA No. 50, 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.”

Here, on 4-9-21, Defendants initially served Plaintiff (Alexandru Marinel Parlog) with “Form Interrogatories—General Set No. 1.” (Kandarian-Stein Decl., ¶ 2 and Exhibit A.)  After several extensions, the due date for Plaintiff’s responses was 8-30-21. (Kandarian-Stein Decl., ¶¶ 3, 4, 5, 6, 7, and Exhibits C, D, E, F, and G.)  The court then heard motions by Plaintiff regarding a protective order and a motion to be relieved. (Kandarian-Stein Decl., ¶¶ 8, 9, 10, 11, 12, and Exhibits H, I, J, K, and L.) After the court granted the motion to be relieved brought by Plaintiff’s counsel, Defendants directly served Plaintiff with “Form Interrogatories—General Set No. One” on 2-15-22. (Kandarian-Stein Decl., ¶ 14 and Exhibit N.).  Plaintiff has not provided responses to the discovery request at issue. (Kandarian-Stein Decl., ¶ 15.)

Based on the above, the court GRANTS Defendants’ (Jeff Alan Groover and Katherine A. McKinney Hoehn) unopposed Motion to Compel Plaintiff’s Responses to Form Interrogatories, Set One filed on 6-8-22 under ROA No. 50.  The court ORDERS Plaintiff to provide verified responses, without objections, to “Form Interrogatories—General Set No. 1” on 2-15-22 (Kandarian-Stein Decl., ¶ 14 and Exhibit N; Code Civ. Proc., § 2030.250) within 30 days from the date of service of the notice of the court’s decision.  The court awards a monetary sanction against Plaintiff in the amount of $980.00. (Code Civ. Proc., § 2030.290, subd. (c); Kandarian-Stein Decl., ¶ 18.)

Defendants are to give notice.

Motion No. 2:

Defendants’ (Jeff Alan Groover and Katherine A. McKinney Hoehn) unopposed Motion to Compel Plaintiff’s Responses to Demand for Identification and Production of Records, Documents and Other Tangible Items, Set One (Motion), filed on 6-8-22 under ROA No. 49, is GRANTED.

Code of Civil Procedure section 2031.300 states 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.”

Here, on 4-9-21, Defendants initially served Plaintiff (Alexandru Marinel Parlog) with “Request for Production of Documents, Set No. 1.” (Kandarian-Stein Decl., ¶ 2 and Exhibit A; The court notes that Exhibit A is not a copy of “Request for Production of Documents, Set No. 1.”  Rather, it appears that Defendants mistakenly attached the Form Interrogatories served upon Plaintiff as Exhibit A.)  After several extensions, the due date for Plaintiff’s responses was 8-30-21. (Kandarian-Stein Decl., ¶¶ 3, 4, 5, 6, 7, and Exhibits C, D, E, F, and G.)  The court then heard motions by Plaintiff regarding a protective order and a motion to be relieved. (Kandarian-Stein Decl., ¶¶ 8, 9, 10, 11, 12, and Exhibits H, I, J, K, and L.) After the court granted the motion to be relieved brought by Plaintiff’s counsel, Defendants directly served Plaintiff with “Request for Production of Documents and Things, Set One to Plaintiff Alexandru Marinel Parlog” on 2-15-22. (Kandarian-Stein Decl., ¶ 14 and Exhibit N.).  Plaintiff has not provided responses to the discovery request at issue. (Kandarian-Stein Decl., ¶ 14; The court notes that the declaration has designated two paragraphs as No. 14.)

Based on the above, the court GRANTS Defendants’ (Jeff Alan Groover and Katherine A. McKinney Hoehn) unopposed Motion to Compel Plaintiff’s Responses to Demand for Identification and Production of Records, Documents and Other Tangible Items, Set One filed on 6-8-22 under ROA No. 49.  The court ORDERS Plaintiff to provide verified responses, without objections, to “Request for Production of Documents and Things, Set One to Plaintiff Alexandru Marinel Parlog” on 2-15-22. (Kandarian-Stein Decl., ¶ 14 and Exhibit N; Code Civ. Proc., § 2031.250) within 30 days from the date of service of the notice of the court’s decision.  The court awards a monetary sanction against Plaintiff in the amount of $980.00. (Code Civ. Proc., § 2031.300, subd. (c); Kandarian-Stein Decl., ¶ 17.)

Defendants are to give notice.