Case Number: BC660305 Hearing Date: May 25, 2018 Dept: 2

Plaintiff, Min Nguyen’s, Motion to Compel Defendant, Joel Rios Macias, to Provide a Verified Response to Plaintiff’s Form Interrogatories, Set Two; Request for Sanctions, filed on 4/2/18 is GRANTED.

Defendant served verified responses to Form Interrogatories, Set Two on 4/19/18. Opposition, Ex. C. Therefore, an order compelling responses is not necessary.

However, the court imposes sanctions of $560.00 on Defendant, Joel Rios Macias, and counsel, for the lack of substantial justification for the failure to timely respond until after Plaintiff incurred costs to prepare this motion which is discovery abuse. Cal Code Civ Procedure § 2023.010(a)(4).

Plaintiff did meet and confer by letter dated 11/22/17 requesting responses. Motion, Ex. 2. Defendant obtained an extension of time to respond by 12/18/17. Motion, Ex. 2. Notwithstanding, the statute does not require the parties to meet and confer where there is a complete failure to respond to discovery in the first instance. Cal. Code Civ. Proc. §2030.290(c). Moreover, the events concerning Defendant’s failure to respond are based on information and belief. Declaration of Ryan Maughan, ¶¶ 9 – 10.

Moving party is ordered to give notice.