2016-00197665-CU-NP

Bay Cities Paving & Granding, Inc. vs. Linda J. Clifford

Nature of Proceeding: Motion to Compel Special Interrogatories

Filed By: Galdych, John A.

Bay City Paving & Grading, Inc.’s Motion to Compel Responses to Special Interrogatories from Linda J. Clifford, Richard Donovan Farnsworth, Steven A. Francis and Robert D. Kittridge is granted.

Defendants have filed an opposition stating that they will provide code compliant

responses, without objections, and that they are in the process of obtaining the verifications. Therefore, defendants effectively do not oppose the discovery being sought.

Sanctions are denied because the motion was not opposed. Although CRC 3.1348(a) purports to authorize sanctions if a motion is unopposed, the Court declines to do so, as the specific statutes governing this discovery (CCP 2030.290(c), 2031.300(c)) authorize sanctions only if the motion was unsuccessfully made or opposed. Any order imposing sanctions under the CRC must conform to the conditions of one or more of the statutes authorizing sanctions. Trans-Action Commercial Investors, Ltd. v Firmaterr Inc. (1997) 60 Cal.App.4th 352, 355. However, repeated conduct of failing to comply with discovery obligations may lead the Court to find an abuse of the discovery process and award sanctions on that basis. Laguna Auto Body v. Farmers Insurance Exchange (1991) 231 Cal. App. 3d 481.

Defendants Linda J. Clifford, Richard Donovan Farnsworth, Steven A. Francis and Robert D. Kittridge are ordered to provide verified responses to the Special Interrogatories, without objections, on or before April 9, 2018.