CIV536780 ADAM SIMMS VS. WILLIAM MILLER, JR.

ADAM SIMMS ROBERT P. SHATZKO

WILLIAM MILLER, JR. ILLISE SCHULMAN

MOTION TO COMPEL ANSWERS TO INTEROGATORIES AND dOCUMENT REQUESTS

GRANTED. Defendant (def) William Miller, Jr.’s Motion to Compel Responses to Written Discovery Requests is Granted. Plaintiff (plt) shall provide verified responses, without objection, to the form interrogatories, special interrogatories and requests for production of documents within 14 days.

· This is a personal injury action arising from a car accident. Def moves to compel plt to respond to written discovery.

· On September 21, 2017, def served plt with form interrogatories, special interrogatories and requests for production of documents. To date, no responses have been received.

· Plt has not filed any opposition and def has provided sufficient POS for the underlying discovery requests and this motion. According to the declaration of Illise Schulman, no responses have been received to date.

The request for sanctions should be also be granted. CCP §§2030.290(c) and 2031.300(c) state that the court shall impose a monetary sanction unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. Given plt’s failure to oppose the motion, there are no facts to support a finding that the failure to respond was substantially justified nor that the imposition of sanctions would be unjust.

The request for sanctions is also granted pursuant to CCP §§2030.290(c), 2031.300(c) and CCP §2033.280(c). Plaintiff shall pay defendant $255 within 14 days.