Judge: Walter P. Schwarm, Case: 30-2022-01245930, Date: 2023-08-29 Tentative Ruling

Motion No. 1:

Defendants’ (Michael Ysbrand Bakkers and Linh Nguyen) unopposed Motion for Orders Compelling Plaintiff, Jorge Alvarez (1) To Further Answer Interrogatories, Set One, and (2) Pay Costs and Sanctions (Motion), filed on 4-24-23 under ROA No. 58, is GRANTED.

Code of Civil Procedure section 2030.300 provides: “(a) On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that any of the following apply: [¶] (1) An answer to a particular interrogatory is evasive or incomplete. [¶] (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequate. [¶] (3) An objection to an interrogatory is without merit or too general.[¶] (b)(1) A motion under subdivision (a) shall be accompanied by a meet and confer declaration under Section 2016.040. [¶] (c) Unless notice of this motion is given within 45 days of the service of the verified response, or any supplemental verified response, or on or before any specific later date to which the propounding party and the responding party have agreed in writing, the propounding party waives any right to compel a further response to the interrogatories.”

This Motion seeks a further response to Form Interrogatory (FI) No. 4.1. (See Statement of Questions and Answers in Dispute (Statement) filed on 4-24-23 under ROA No. 50.)  FI No. 4.1 requests information regarding Plaintiff’s insurance coverage at the time of the incident. (Statement.)   This request is relevant (Code Civ. Proc., § 2017.010) under Howell v. Hamilton Meats & Provsions, Inc. (2011) 52 Cal.4th 541, 549.)

Therefore, the court GRANTS Defendants’ (Michael Ysbrand Bakkers and Linh Nguyen) unopposed Motion for Orders Compelling Plaintiff, Jorge Alvarez (1) To Further Answer Interrogatories, Set One, and (2) Pay Costs and Sanctions filed on 4-24-23 under ROA No. 58.  The court ORDERS Plaintiff to provide a verified, Code of Civil Procedure compliant response to FI No. 4.1 within 14 days of the date of service of the notice of the court’s ruling.  The court awards a monetary sanction in the amount of $560.00 against Plaintiff and in favor of Defendants. (Serino Decl., ¶ 8; Code Civ. Proc., 2030.300, subd. (d); Cal. Rule of Court, rule 3.1348.)

Defendants are to give notice.

Motion No. 2:

Defendants’ (Michael Ysbrand Bakkers and Linh Nguyen) unopposed Motion for Orders Compelling Plaintiff, Jorge Alvarez (1) To Further Answer Special Interrogatories, Set One, and (2) Pay Costs and Sanctions (Motion), filed on 4-24-23 under ROA No. 59, is GRANTED.

Code of Civil Procedure section 2030.300 provides: “(a) On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that any of the following apply: [¶](1) An answer to a particular interrogatory is evasive or incomplete. [¶] (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequate. [¶] (3) An objection to an interrogatory is without merit or too general.[¶] (b)(1) A motion under subdivision (a) shall be accompanied by a meet and confer declaration under Section 2016.040. [¶] (c) Unless notice of this motion is given within 45 days of the service of the verified response, or any supplemental verified response, or on or before any specific later date to which the propounding party and the responding party have agreed in writing, the propounding party waives any right to compel a further response to the interrogatories.”

This Motion seeks a further response to Special Interrogatory (SI) No. 5. (See Statement of Questions and Answers in Dispute (Statement) filed on 4-24-23 under ROA No. 48.)  SI No. 5 requests information regarding Plaintiff’s  medical insurance within 10 years preceding the accident. (Statement.)   This request is relevant (Code Civ. Proc., § 2017.010) under Howell v. Hamilton Meats & Provsions, Inc. (2011) 52 Cal.4th 541, 549.)

Therefore, the court GRANTS Defendants’ (Michael Ysbrand Bakkers and Linh Nguyen) unopposed Motion for Orders Compelling Plaintiff, Jorge Alvarez (1) To Further Answer Special Interrogatories, Set One, and (2) Pay Costs and Sanctions (Motion), filed on 4-24-23 under ROA No. 59.  The court ORDERS Plaintiff to provide a verified, Code of Civil Procedure compliant response to SI No. 5 within 14 days of the date of service of the notice of the court’s ruling.  The court awards a monetary sanction in the amount of $560.00 against Plaintiff and in favor of Defendants. (Serino Decl., ¶ 8; Code Civ. Proc., 2030.300, subd. (d); Cal. Rule of Court, rule 3.1348.)

Defendants are to give notice.