Judge: Walter P. Schwarm, Case: 30-2022-01289762, Date: 2023-08-29 Tentative Ruling

Defendants’ (Cameron Wade Turner and Michelle Doryn Turner) unopposed Motion for Order Compelling Response to Form Interrogatories (Motion), filed on 4-17-23 under ROA No. 29, 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 2-6-23, Defendants served Plaintiff (Benjamin Louis Blair) with “Form Interrogatories—General Set No. One” by electronic service. (Ferozy Decl., ¶ 2 and Exhibit A.) Defendants have not received responses to this discovery request. (Ferozy Decl., ¶ 3.) The Proof of Service attached to the Motion reflects electronic service of the Motion to Compel indicates that Defendants electronically serviced the Motion to blair@calljacob.com   and mdomingo@calljacob.com.  The email on file with the court is mdomingo@calljacob.com.  (Complaint filed on 11-1-22 under ROA No. 2.)  Thus, the court finds that service was proper under California Rules of Court, rule 2.251(c)(3) based on the electronic service to mdomingo@calljacb.com.

Since Plaintiff has not provided responses to the discovery request at issue, the court GRANTS Defendants’ (Cameron Wade Turner and Michelle Doryn Turner) unopposed Motion for Order Compelling Response to Form Interrogatories (Motion), filed on 4-17-23 under ROA No. 29.  The court orders Plaintiff to provide verified responses, without objection, to “Form Interrogatories—General Set No. One” (Ferozy 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 $376.00 against Plaintiff and in favor of Defendants. (Code Civ. Proc., § 2030.290, subd. (c); Ferozy Decl., ¶ 5; Cal. Rules of Court, rule 3.1348(a).)

Defendants are to give notice.