2018-00224962-CU-FR

Joseph Borrero vs. Dorothy J. Tweedy

Nature of Proceeding: Motion to Compel 1. Form 2. Special 3. Admissions 4.

Filed By: Shoff, Michael L.

Defendant Dorothy Tweedy’s (Dorothy) motion for an order compelling responses to her first sets of form interrogatories, special interrogatories and document requests is UNOPPOSED and GRANTED.

Dorothy served the discovery on 8/01/18, but Plaintiffs Joseph Borrero and Michelle Tweedy (collectively “Plaintiffs”) did not serve any responses.

No later than 2/01/19, Plaintiffs shall serve verified written responses, without objections, to Dorothy’s first sets of form interrogatories, special interrogatories and document requests.

Because the motion is unopposed, the request for monetary sanctions in connection with the first sets of form interrogatories, special interrogatories and document requests is DENIED.

Dorothy’s further motion to have her first set of requests for admissions deemed admitted is UNOPPOSED and GRANTED.

Pursuant to CCP § 2033.280(c), the court imposes a mandatory monetary sanction in the amount of $420 (1 hr @ reasonable rate of $300/hr + $120 filing fees). Plaintiffs shall pay the sanction no later than February 18, 2019. If Plaintiffs fail to pay the sanction by such date, then Dorothy may lodge for the court’s signature a formal order awarding sanctions, which may be enforced as a separate judgment. (See Newland v. Superior Court (1995) 40 Cal.App.4th 608, 615.)

Finally, to the extent Dorothy requests an order compelling Plaintiffs to produce responsive documents, (see Notice of Mot. at 1:28), the request is DENIED as premature.

The court may only compel a production once the responding party indicates in written responses that it will produce responsive documents and thereafter fails to make the production. (See CCP § 2031.320(a).)

The minute order is effective immediately. No formal order pursuant to CRC 3.1312 or further notice is required.