Judge: Walter P. Schwarm, Case: 30-2022-01276603, Date: 2023-07-25 Tentative Ruling

Moving Party’s (Jorge Nasser) Motion to Compel Responses to Form Interrogatories (Motion), filed on 3-13-23 under ROA No. 49, is GRANTED. The Notice of this Motion (Notice) was filed on 3-13-23 under ROA No. 53.

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 (Robbie Khalek) 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 Motion to Compel Responses to Form Interrogatories and Special Interrogatories (Opposition), filed on 7-18-23 under ROA No. 75, 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; 3:16-17.)

The declaration in support of the Opposition states, “I have been working with Mr. Khalek regarding the preparation of responses to the Form Interrogatories still outstanding. As previously reported to the court, he had 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. Concurrently with the preparation of the responses on behalf of COTTON LINKS, served on July 6, I prepared the Responses of Mr. 16 KHALEK to the Form Interrogatories in issue, and believed that I served those responses with the Responses of Cotton Links to Form Interrogatories on that same day.” (Freeman Decl., ¶ 9; Uppercase in Opposition.)  It is still not clear whether Responding Party has provided the responses at to the discovery requests at issue.

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 Form Interrogatories filed on 3-13-23 under ROA No. 49. The court orders Responding Party to provide verified responses, without objection, to “Form Interrogatories—General Set No. One” (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; Cal. Rules of Court, rule 3.1348(a).)

Moving Party is to give notice.