Judge Walter P. Schwarm, Case 30-2022-01276603 2023-07-18 Tentative Ruling

Judge: Walter P. Schwarm, Case: 30-2022-01276603, Date: 2023-07-18 Tentative Ruling

Motion No. 1:

Moving Party’s (Jorge Nasser) Motion to Compel Responses to Form Interrogatories (Motion), filed on 3-13-23 under ROA No. 47, is DENIED in part and GRANTED in part as set forth below. The Notice of this Motion (Notice) was filed on 3-13-23 under ROA No. 52.

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 1-5-23, Moving Party served Responding Party (Cotton Links LLC) with “Form Interrogatories—General Set No. One.” (3-13-23 Jaffe Decl., ¶ 2 and Exhibit A.) Responding Party did not provide responses to this discovery request. (3-13-23 Jaffe Decl., ¶ 4.)

Responding Party’s Opposition to Motions to Compel Responses to Form Interrogatories and Special Interrogatories (Opposition), filed on 7-5-23 under ROA No. 69, states, “Defendants provided responses . . . but did not produce the agreed documents, or provide timely response to the form or special interrogatories to COTTON LINKS and form interrogatories to Khalek.” (Opposition; 2:23-26.) The Opposition further states, “While it is not disputed that the responses are late, Defendants have never refused to provide responses and in communication with Plaintiffs’ counsel, indicated the reasons for the delay.” (Opposition; 3:10-11.)

The declaration in support of the Opposition states, “I have been in contact with my client regarding the preparation of responses to the Form and Special Interrogatories still outstanding, and obtaining copies of the documents to be produced. I am informed that he has been traveling and out of the country for work and attempting to minimize the amount of damages claimed as a result of Plaintiffs' failure to deliver product as agreed, and has only very recently, i.e. this week, been able to turn his attention to completing the responses. I have discussed the responses with him and. he is preparing final responses. [¶] 12. I will serve the responses, without objections, by Cotton Links to the Form Interrogatories and Special Interrogatories , which are the subject of the motions set for July 18, 2023, on Mr. Jaffee's office today, or in the event of a technical issue or final question, tomorrow, Julys [sic] 6, 2023.” (Freeman Decl., ¶¶ 11 and 12.)

The 7-10-23 declaration submitted by Moving Party states, “Attached as Exhibit A is a true and correct copy of the form interrogatory responses by Defendant Cotton Links LLC (‘Cotton Links’) which was served on July 6, 2023.” (7-10-23 Jaffe Decl., ¶ 2.)

Since Responding Party has provided responses to the discovery request at issue, the court DENIES Moving Party’s (Jorge Nasser) Motion to Compel Responses to Form Interrogatories, filed on 3-13-23 under ROA No. 47, as MOOT. The court GRANTS the Motion to the extent it requests a monetary sanction. The court awards a monetary sanction in the amount of $810.00 against Responding Party and in favor of Moving Party. (Code Civ. Proc., § 2030.290, subd. (c), and Cal. Rules of Court, rule 3.1348; 3-13-23 Jaffe Decl., ¶¶ 6 and 7.)

Moving Party is to give notice.

Motion No. 2:

Moving Party’s (Jorge Nasser) Motion to Compel Responses to Special Interrogatories (Motion), filed on 3-13-23 under ROA No. 45, is GRANTED. The Notice of this Motion (Notice) was filed on 3-13-23 under ROA No. 52.

On 1-5-23, Moving Party served Responding Party (Cotton Links LLC) with “Special Interrogatories.” (3-13-23 Jaffe Decl., ¶ 2 and Exhibit A.) Responding Party did not provide responses to this discovery request. (3-13-23 Jaffe Decl., ¶ 4.)

The 7-10-23 declaration submitted by Moving Party states, “As of the date of this Reply (July 10, 2023), Cotton Links has still failed to provide special interrogatory responses despite the representations in the Opposition.” (7-10-23 Jaffe Decl., ¶ 3.)

Since Responding Party has not provided responses to the discovery request at issue, the court GRANTS Moving Party’s (Jorge Nasser) Motion to Compel Responses to Special Interrogatories filed on 3-13-23 under ROA No. 45. The court orders Responding Party to provide verified responses, without objection, to Moving Party’s “Special Interrogatories” (3-13-23 Jaffe Decl., ¶ 2 and Exhibit A; Code Civ. Proc., § 2031.250) within 21 days from the date of service of the notice of the court’s ruling.

The court awards a monetary sanction in the amount of $810.00 against Responding Party and in favor of Moving Party. (Code Civ. Proc., § 2030.290, subd. (c); 3-13-23 Jaffe Decl., ¶¶ 6 and 7.)

Moving Party is to give notice.